Common use of COMPETITIVE FUEL RATE Clause in Contracts

COMPETITIVE FUEL RATE. It is the intent of the Agreement that Xxxxx's cost of natural gas used in Priority- of-Service Category 3 Cs_hCall be competitive with the as-fired cost of alternate fuel that Buyer could actually utilize in lieu of natural gas. For the purpose of the computation to obtain the as-fired cost of the alternate fuel, it is understood and agreed that: (1) The Alternate Fuel is No. 2 Fuel Oil. (2) The cost of the alternate fuel (identified as "K") shall include: (a) The net average price for No. 2 fuel oil in effect on the third Monday of the current month, F.O.B., Charleston, South Carolina, plus one cent (1.0¢), plus, (b) Three and five-tenths cents (3.5¢) per gallon for freight to the Buyer's facility, plus (c) One cent (1 .0¢) per gallon for handling charges. _/'A/2"/C v,, Number 2 fuel oil shall be considered as havingS_TUPqOJ°°O --s per gallon or_e_h_rms per gallon, which is identified as "dt". The following formula utilizes the above values and shall be used to calculate the as-fired cost of the alternate fuel (identified as "C"): Seller will monitor the changes in the price of No. 2 fuel oil by reference to the OIL BUYERS' GUIDE. Based on the posted price of No. 2 fuel oil, Seller will calculate the as-fired cost using the procedure outlined above. Seller will advise the Buyer verbally or in writing, prior to the beginning of each billing period that Seller will: (1) Lower the price of natural gas to the as-fired cost of the alternate fuel and deliver gas, or (2) Notify the Buyer of the price at which Seller will deliver gas in the event Seller elects not to lower the price to the as-fired cost of the alternate fuel. In the event Seller elects to lower the price of gas to the as-fired cost of the alternate fuel, Buyer may not discontinue the purchase of natural gas hereunder. In the event Seller offers to deliver gas to Buyer at a price greater than the as- fired cost of the alternate fuel, then Buyer may either accept delivery of natural gas at the price offered by Seller through a prompt verbal notice confirmed in writing or discontinue receiving gas for the next billing period. In no event will the cost of natural gas as determined by this paragraph, exceed the cost as determined under the Base Rate specified in this Service Agreement.

COMPETITIVE FUEL RATE. It is the intent of the Agreement that Xxxxx's cost of natural gas used in Priority- of-Service Category 3 Cs_hCall 3(2 shall be competitive with the as-fired cost of alternate fuel that Buyer could actually utilize in lieu of natural gas. For the purpose of the computation to obtain the as-fired cost of the alternate fuel, it is understood and agreed that: (1) The Alternate Fuel is No. Number 2 Fuel Oilfuel oil. (2) The cost of the alternate fuel (identified as "K") shall include: (a) The net average price for No. 2 2_ fuel oil in effect on the third Monday of the current month, F.O.B., Charleston, South Carolina, plus one cent four cents (1.0¢4.0¢), plus, (b) Three and five-tenths Four cents (3.5¢4.0¢) per gallon for freight to the Buyer's facility, plus (c) One cent (1 .0¢1.0¢) per gallon for handling charges. _/'A/2"/C v,, . (3) Number 2 fuel oil shall be considered as havingS_TUPqOJ°°O --s having 135,800 BTU's per gallon or_e_h_rms or 0.1358 dekatherms per gallon, which is identified as "dt". . (4) The following formula utilizes the above values and shall be used to calculate the as-fired cost of the alternate fuel (identified as "C"): Seller will monitor the changes in the price of No. 2 fuel oil by reference to the OIL BUYERS' GUIDE. Based on the posted price of No. 2 fuel oil, Seller will calculate the as-fired cost using the procedure outlined above. Seller will advise the Buyer verbally or in writing, prior to the beginning of each billing period that Seller will: (1) Lower the price of natural gas to the as-fired cost of the alternate fuel and deliver gas, or (2) Notify the Buyer of the price at which Seller will deliver gas in the event Seller elects not to lower the price to the as-fired cost of the alternate fuel. In the event Seller elects to lower the price of gas to the as-fired cost of the alternate fuel, Buyer may not discontinue the purchase of natural gas hereunder. In the event Seller offers to deliver gas to Buyer at a price greater than the as- fired cost of the alternate fuel, then Buyer may either accept delivery of natural gas at the price offered by Seller through a prompt verbal notice confirmed in writing or discontinue receiving gas for the next billing period. In no event will the cost of natural gas as determined by this paragraph, exceed the cost as determined under the Base Rate specified in this Service Agreement.

COMPETITIVE FUEL RATE. It is the intent of the Agreement that Xxxxx's cost of natural gas used in Priority- ofPriority-of- Service Category 3 Cs_hCall 6 shall be competitive with the as-fired cost of alternate fuel that Buyer could actually utilize in lieu of natural gas. For the purpose of the computation to obtain the as-fired cost of the alternate fuel, it is understood and agreed that: (1) The Alternate Fuel is No. 2 Number 6 Fuel Oil. (2) The cost of the alternate fuel (identified as "K") shall include: (a) The net average price for No. 2 fuel oil in effect on the third Monday of the current month, F.O.B., Charleston, South Carolina, plus one cent (1.0¢), plusCost per gallon, (b) Three and five-tenths cents (3.5¢) per gallon for freight Freight to the Buyer's facility, plusand (c) One cent Cent (1 .0¢1.0¢) per gallon for handling charges. _/'A/2"/C v,, (3) Number 2 6_ fuel oil shall be considered as havingS_TUPqOJ°°O --s having 150,000 BTU's per gallon or_e_h_rms or 0.1500 dekatherms per gallon, which is identified as "dt". . (4) The following formula utilizes the above values and shall be used to calculate the as-fired cost of the alternate fuel (identified as "C"): If, at any time during the term of the Service Agreement, Buyer can establish by reasonable evidence (i.e. a vendor's invoice, bona fide written quotation, equivalent proof or Xxxxx's written declaration) that Xxxxx's as-fired cost of the alternate fuel to replace natural gas is less than the cost of natural gas, then Buyer shall advise Seller in writing, by the twenty-fifth (25th) of the calendar month, that the cost of natural gas for the next ensuing billing period will monitor the changes in the price of No. 2 fuel oil by reference to the OIL BUYERS' GUIDE. Based on the posted price of No. 2 fuel oil, Seller will calculate exceed the as-fired cost using of the procedure outlined abovealternate fuel. Seller will advise the Buyer verbally or respond to Xxxxx, in writing, prior to the beginning begim_ing of each the next billing period that Seller will: will either: (1) Lower the price of natural gas to the as-fired cost of the alternate fuel and deliver gas, or (2) Notify the Buyer of the price at which Seller will deliver gas in the event Seller elects not to lower the price to the as-fired cost of the alternate fuel. In the event Seller elects to lower the price of gas to the as-fired cost of the alternate fuel, Buyer may not discontinue the purchase of natural gas hereunder. In the event Seller offers to deliver gas to Buyer at a price greater than the as- fired cost of the alternate fuel, then Buyer may either accept delivery of natural gas at the price offered by Seller through a prompt verbal notice confirmed in writing or discontinue receiving gas for the next billing period. In no event will the cost of natural gas as determined by this paragraph, exceed the cost as determined under the Base Rate specified in this Service Agreement.

COMPETITIVE FUEL RATE. It is the intent of the Agreement that XxxxxBuyer's cost of natural gas used in Priority- of-Service Category 3 Cs_hCall CshCall be competitive with the as-fired cost of alternate fuel that Buyer could actually utilize in lieu of natural gas. For the purpose of the computation to obtain the as-fired cost of the alternate fuel, it is understood and agreed that: (1) The Alternate Fuel is NoNumber 2_ fuel oil. 2 Fuel Oil.. 4 (2) The cost of the alternate fuel Thecostof thealtematefuel (identified as "Kas"K") shall includeshallinclude: (a) The net average price for No. 2 fuel oil in effect on the third Monday of the current month, F.O.B., Charleston, South Carolina, plus one cent (1.0¢), plus, (b) Three One and fivethree-tenths cents (3.5¢1.3¢) per gallon for freight to the Buyer's facilityfaciltiy, plus (c) One cent Cent (1 .0¢1.0¢) per gallon for handling charges. _/'A/2"/C v,, . (3) Number 2 fuel oil shall be considered as havingS_TUPqOJ°°O --s having 135,800 BTU's per gallon or_e_h_rms or 0.1358 dekatherms per gallon, which is identified as "dt". . (4) The following formula utilizes the above values and shall be used to calculate the as-fired cost of the alternate fuel (identified as "C"): Seller will monitor the changes in the price of No. 2 fuel oil by reference to the OIL BUYERS' BUYER'S GUIDE. Based on the posted price of No. 2 fuel oil, Seller will calculate the as-fired cost using the procedure outlined above. Seller will advise the Buyer verbally or in writing, prior to the beginning of each billing period that Seller will: (1) Lower the price of natural gas to the as-fired cost of the alternate fuel and deliver gas, or (2) Notify the Buyer of the price at which Seller will deliver gas in the event Seller elects not to lower the price to the as-fired cost of the alternate fuel. In the event Seller elects to lower the price of gas to the as-fired cost of the alternate fuel, Buyer may not discontinue the purchase of natural gas hereunder. In the event Seller offers to deliver gas to Buyer at a price greater than the as- fired cost of the alternate fuel, then Buyer may either accept delivery of natural gas at the price offered by Seller through a prompt verbal notice confirmed in writing or discontinue receiving gas for the next billing period. In no event will the cost of natural gas as determined by this paragraph, exceed the cost as determined under the Base Rate specified in of this Service Agreement.

COMPETITIVE FUEL RATE. It is the intent of the Agreement that Xxxxx's cost of natural gas used in Priority- Priority• of-Service Category 3 Cs_hCall 3E shall be competitive with the as-fired cost of alternate fuel that Buyer Xxxxx could actually utilize in lieu of natural gas. For the purpose of the computation to obtain the as-fired cost of the alternate fuel, it is understood and agreed that: (1) The Alternate Fuel is No. 2 Fuel OilRecycled fuel oil. (2) The cost of the alternate fuel (identified as "K") shall include: (a) The net average price for No. 2 fuel oil in effect on the third Monday of the current month, F.O.B., Charleston, South Carolina, plus one cent (1.0¢), plusCost per gallon, (b) Three and five-tenths cents (3.5¢) per gallon for freight Freight to the Buyer's facility, plus (c) and One cent Cent (1 .0¢.O¢) per gallon for handling charges. _/'A/2"/C v,, Number 2 . (3) Recycled fuel oil shall be considered as havingS_TUPqOJ°°O --s having 135,000 BTU's per gallon or_e_h_rms or 0.1350 dekatherms per gallon, which is identified as "dt". . (4) The following formula utilizes the above values and shall be used to calculate the as-fired cost of the alternate fuel (identified as "C"): Seller will monitor If, at any time during the changes in term of the price of No. 2 fuel oil Service Agreement, Buyer can establish by reference to the OIL BUYERS' GUIDE. Based on the posted price of No. 2 fuel oilreasonable evidence (i.e. a vendor's invoice, Seller will calculate the bona fide written quotation, equivalent proof or Xxxxx's written declaration) that Xxxxx's as-fired cost using of the procedure outlined abovealternate fuel to replace natural gas is less than the cost of natural gas, then Buyer shall advise Seller in writing, by the twenty-fifth (25th) of the calendar month, that the cost of natural gas for the next ensuing billing period will exceed the as• fired cost of the alternate fuel. Seller will advise the Buyer verbally or respond to Buyer, in writing, prior to the beginning of each the next billing period that Seller willwill either: (1) Lower the price of natural gas to the as-fired cost of the alternate fuel and deliver gas, or (2) Notify the Buyer of the price at which Seller will deliver gas in the event Seller elects not to lower the price to the as-fired cost of the ofthe alternate fuel. In the event Seller elects to lower the price of gas to the as-fired cost of the alternate fuel, Buyer may not discontinue the purchase of natural gas hereunder. In the event Seller offers to deliver gas to Buyer at a price greater than the as- as• fired cost of the alternate fuel, then Buyer may either accept delivery of natural gas at the price offered by Seller through a prompt verbal notice confirmed in writing or discontinue receiving gas for the next billing period. In no event will the cost of natural gas as determined by this paragraph, exceed the cost as determined under the Base Rate specified in of this Service Agreement.. During any period of suspended service, Xxxxx agrees to continue to invoke the Competitive Fuel Rate provision each month for consideration by Seller. Should Buyer fail or refuse to invoke the Competitive Fuel Rate in writing, Seller shall price natural gas delivered to Buyer pursuant to the Base Rate of this Service Agreement. COMPETITIVE FUEL RATE (GAS-TO-GAS)

COMPETITIVE FUEL RATE. It is the intent of the Agreement that XxxxxBuyer's cost of natural gas used in Priority- of-Service Category 3 Cs_hCall 6 shall be competitive with the as-fired cost of alternate fuel that Buyer could actually utilize in lieu of natural gas. For the purpose of the computation to obtain the as-fired cost of the alternate fuel, it is understood and agreed that: (1) The Alternate Fuel is No. 2 Fuel OilNumber 5 fuel oil. (2) The cost of the alternate fuel (identified as "K") shall include: (a) The net average price for No. 2 fuel oil in effect on the third Monday of the current month, F.O.B., Charleston, South Carolina, plus one cent (1.0¢), plusCost per gallon, (b) Three and five-tenths cents (3.5¢) per gallon for freight Freight to the Buyer's facility, plusand (c) One cent Cent (1 .0¢1.0¢) per gallon for handling charges. _/'A/2"/C v,, . (3) Number 2 5 fuel oil shall be considered as havingS_TUPqOJ°°O --s having 146.000 BTU's per gallon or_e_h_rms or 0.1460 dekatherms per gallon, which is identified as "dt". . (4) The following formula utilizes the above values and shall be used to calculate the as-fired cost of the alternate fuel (identified as "C"): If, at any time during the term of the Service Agreement, Buyer can establish by reasonable evidence (i.e. a vendor's invoice, bona fide written quotation, equivalent proof or Buyer's written declaration) that Buyer's as-fired cost of the alternate fuel to replace natural gas is less than the cost of natural gas, then Buyer shall advise Seller in writing, by the twenty-second (22nd) of the calendar month, that the cost of natural gas for the next ensuing billing period will monitor the changes in the price of No. 2 fuel oil by reference to the OIL BUYERS' GUIDE. Based on the posted price of No. 2 fuel oil, Seller will calculate exceed the as-fired cost using of the procedure outlined abovealternate fuel. Seller will advise the Buyer verbally or respond to Buyer, in writing, prior to the beginning of each the next billing period that Seller willwill either: (1I) Lower the price of natural gas to the as-fired cost of the alternate altemate fuel and deliver gas, or (2) Notify the Buyer of the price at which Seller will deliver gas in the event Seller elects not to lower the price to the as-fired cost of the alternate fuel. In the event Seller elects to lower the price of gas to the as-fired cost of the alternate fuel, Buyer may not discontinue the purchase of natural gas hereunder. In the event Seller offers to deliver gas to Buyer at a price greater than the as- fired cost of the alternate fuel, then Buyer may either accept delivery of natural gas at the price offered by Seller through a prompt verbal notice confirmed in writing or discontinue receiving gas for the next billing period. In no event will the cost of natural gas as determined by this paragraph, exceed the cost as determined under the Base Rate specified in this Service Agreement.