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NATURAL GAS AGREEMENTS (007) .. '- ~ , " " I I ... SERVICE AGREEMENT FOR COMMERCIAL INTERRUPTIBLE GAS SERVICE - - - in.. tb1. /.Lff-",.< ~~ 1970, by and between the CITY OF CLEARWATER, , FWRIDA. a ~:~pa 'corporation, . herein called the "Seller" and. the MORTON F. PlANT HOOPITAL. HEREInAFTER called the "Bu,yer"; WITNESSETH: WHEREAS. the Bu,yer wishes to obtain the special gas rate provided herein for interruptible gas service and the Seller is willing to sell and deliver Natural Gas, when available. to the Buyer; NOW. THEREFORE, Seller and Bu,yer agree as follows: 1. The Bu,yer hereby agrees to install and maintain stand=by 011 burning appaJJt.us. in good working order. for all equipment and appliances to be served with interruptible Natural Gas under this Agreement, during the life of this Agreement. Equipment without such stand-by apparatus shall not be served with gas under the terms of this Agreement. 2. The Seller agrees to furnish an adequate supp~ of Natural Gas to aforesaid equipment and appliances except when necessary to interrupt said supp~ as provided herein. J. Whenever a curtailment of gas delivered hereunder is required. the Seller. through the Superintendent of Gas Distribution. shall issue a curtailment order to the Ewer. through the Superintendent of Building Maintenance. specifying the quantit,y of gas to be curtailed and the time at which such curtai1Jllent shall take effect. When restoration of service is perm1ssable. Seller shall ailll1lar~ iasue a restoration order. A curtailment order may be issued either by verbal or written notice at least two ho\lZPS in advance of its effective time. except that if curtailment or interruption is occasioned by an event of "force majeure" affecting the Seller's -1- --\ ,'","" , -. I I .~,. system. Seller shall be obligated to give only such notice as is practicable in the circumstances. 4. Gas taken by the Buyer under this Agreement by reason of BtJ.yer's failure to complJr with curtailment order shall be considered as over_run gas and Buyer shall pay for such oVer-run gas at the rate of $1.50 per Therm. The Seller shall have a meter reading taken at the effective time of a curtailment order and any gas recorded on meter after said time and before restoration of service shall be considered as oVer-run gas. 5. All gas furnished by the Seller under the terms of this Agreement shall be separatelJr metered by metering equipment furnished by the Seller. 6. The rate of' gas furnished under the terms of this Agreement shall be Four and Two-Tenth Cents (4.216) per Therm billed monthly. Said rate shall be subject to adjustment from time to time in accordance with any changes in the base rate of interruptible gas furnished to the Seller by the Florida Gas Transmission Company. There will be no minimum bill. 7. Gas Service under this Rate Schedule shall be for a minimum period of five years, and shall continue from year to year after the expiration of the term stated in the Service Agreement, unless either party shall, at least ninety (90) days prior to the end of any yearly period. give the other party notice of its intention to terminate the Service Agreement. 8. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF. the parties hereto have executed this Agreement by their duly authorized officials on the date set forth above. CITY ZU;ARWATER. ~WR_ IDA By -;::5- .4 'f' ...... ~Ci ty Manager - Attes /' :;/ ~s6~Z . 7LsrJ t~ :~T02!!' l~:rb A ministrator -2-