Xxxxxxxx Xx. XXXXX0000 (Panhandle T-O-R Agreement)
NATURAL GAS FIRM SUPPLY AGREEMENT
This Natural Gas Firm Supply Agreement ("Agreement"), is
made, entered into, and effective, as of the 1st day of
November, 1995 by and between TENNECO GAS MARKETING COMPANY,
and INDIANA GAS COMPANY, INC. (Buyer).
Recitals
1. Seller is a corporation incorporated and existing under
the laws of the State of Kentucky with its principal
place of business at 0000 Xxxxxxxxx, Xxxxxxx, Xxxxx
00000-0000.
2. Buyer is a corporation incorporated and existing under
the laws of the State of Indiana, with its principal
place of business at 0000 Xxxxx Xxxxxxxx Xxxxxx,
Xxxxxxxxxxxx, Xxxxxxx.
3. This Agreement contains the mutual promises,
warranties, and covenants pursuant to which Buyer as a
purchaser of natural gas, and Seller as a merchant of
natural gas, shall perform the transactions described
herein.
4. Under this Agreement, Seller agrees to provide natural
gas on a firm basis, consistent with the terms and
conditions contained herein.
Definitions
As used herein, the following words shall
have the following definitions:
A. The term "Transporter" shall mean Panhandle
Eastern Pipe Line Company, or its successor.
B. The term "Transporter's Tariff"
shall mean the tariff provisions of
Transporter, as approved by the Federal
Energy Regulatory Commission, or any
successor thereto, ("FERC"), including
changes to such tariff made after this
Agreement is effective, and Buyer's
contractual arrangements with Transporter.
If FERC should determine that
Transporter's Tariff shall cease to apply, in
whole or in part, to transactions hereunder,
the parties will promptly meet
to determine and negotiate mutually
acceptable replacement guidelines and standards.
In that event, until an agreement is reached, the
most recently effective Transporter's Tariff shall
continue to apply.
C. The term "Btu" shall mean British
thermal unit, as defined in Transporter's
Tariff.
D. The term "Contract Month" shall
mean a calendar month during the
effectiveness of this Agreement, as
interpreted in light of Transporter's tariff.
E. The term "Day" shall be defined as
it is defined in Transporter's Tariff, or as
applied by Transporter.
F. The term "Gas" shall mean natural
gas, which shall meet the quality
specifications in this Agreement and
Transporter's Tariff.
G. The terms "MMBtu," "Dekatherm" or
"DTH" shall mean one million (1,000,000)
British thermal units.
H. The term "Maximum Daily Quantity"
shall mean the quantity of gas which Seller
shall stand ready to supply as nominated by
Buyer for purchase on a particular day; as
specified in
Section 2 below.
I. The term "Nominated Daily Quantity"
shall mean the quantity of Gas scheduled by
Buyer pursuant to paragraph 2(c), labeled
"Monthly Nomination", of this Agreement.
J. The term "Receipt Point(s)" shall
mean the point or points on Transporter's
system where Gas quantities are delivered
hereunder by Seller to Buyer.
1. Term: The term of this Agreement shall be from
November 1, 1995 through March 31, 1998.
2. Quantity and Nominations:
(a) Purchase Quantity - Subject to the terms and
conditions of this Agreement, Buyer shall purchase
and receive and Seller shall sell and deliver a
quantity of gas equal to the Nominated Daily
Quantity specified by Buyer pursuant to Section
2(c) below, not to exceed the Maximum
Daily Quantity.
(b) Maximum Quantity - Notwithstanding anything to the
contrary herein, the maximum quantity of gas that
Seller is obligated to sell and deliver at the
Delivery Point(s) under this Agreement (herein
referred to as the "Maximum Daily Quantity")
shall be equal to the volumes listed in the table
below.
Month Quantity
November - 10,000 MMBtu per day
December - 20,000 MMBtu per day
January - 20,000 MMBtu per day
February - 20,000 MMBtu per day
March - 10,000 MMBtu per day
April - 0 MMBtu per day
May - 0 MMBtu per day
June - 0 MMBtu per day
July - 0 MMBtu per day
August - 0 MMBtu per day
September - 0 MMBtu per day
October - 0 MMBtu per day
(c) Monthly Nomination - On or before the earlier of
(a) five business days prior to the first day of
of the next month or (b) two business days prior
to Transporter(s) nomination deadline for the
next month, Buyer will provide Seller with a
nomination specifying the natural gas requirements
to be purchased and received under this Agreement
for each day during the next month "Nominated
Daily Quantity").
(d) Manner of Submitting Nominations - Buyer may
provide the nominations set forth above in this
section either orally (including by telephone) or
in writing (including by fax), but an oral
nomination must be followed by written
confirmation within twenty-four (24) hours.
(e) No Minimum Nomination and Take Requirement -
Except as otherwise provided in this Agreement
concerning the Nominated Daily Quantity, no
provision of this Agreement shall be construed
to require Buyer to purchase or take any minimum
quantity of Gas, or to pay commodity charges for
any minimum quantity not taken.
3. Price: Subject to the terms of this Agreement, Buyer
shall pay to Seller a Reservation Charge and a
Commodity Charge. Those charges shall be determined as
follows:
(a) Reservation Charge - Each Contract Month,
Buyer shall pay to Seller an amount determined by
multiplying the applicable Maximum Daily
Quantity set forth in Paragraph 2 above by the
Reservation Rate set forth for that particular
Contract Month in the following schedule:
Contract Month Reservation Rate
November $0.020 Per MMBtu
December $0.020 Per MMBtu
January $0.020 Per MMBtu
February $0.020 Per MMBtu
March $0.020 Per MMBtu
April $0.000 Per MMBtu
May $0.000 Per MMBtu
June $0.000 Per MMBtu
July $0.000 Per MMBtu
August $0.000 Per MMBtu
September $0.000 Per MMBtu
October $0.000 Per MMBtu
(b) Commodity Charge - Buyer shall pay to Seller
each Contract Month an amount determined by
multiplying the quantities of gas actually
delivered to Buyer under this Agreement at the
Receipt Point(s) during the Contract Month, up to
the quantity nominated by Buyer, by a price per
MMBtu determined using the first monthly index for
Inside FERC's GAS MARKET REPORT, for "PEPL
Oklahoma", for the applicable month, which price
shall be deemed to be a delivered price to the
Receipt Point(s), inclusive of actual
transportation charges (including ACA, GRI, fuel,
all applicable surcharges, gathering costs,
transition costs, and take or pay, or other costs,
if any) from the wellhead to the Receipt Point(s),
and shall include all royalties and all present
and future production, delivery, severance, excise
taxes, and all other costs of delivery to the
Receipt Point(s).
If a Receipt Point(s) other than mainline Receipt
Point(s) is used, any gathering, transportation or
other costs imposed on Buyer to transport the Gas
to Transporter's mainline shall be deducted from
the Commodity Charge.
(c) Applicable Commodity Charge Index. If at any
time INSIDE FERC's GAS MARKET REPORT (or any
successor publication selected hereunder) is no
longer published, or if the specific postings
referenced in INSIDE FERC's GAS MARKET REPORT are
no longer published, or no longer reflect the
original posting methodology used at the time of
the execution of this Agreement, the commodity
price shall be temporarily determined by reference
to applicable postings in Natural Gas Intelligence
Gas Price Index and the Parties shall promptly
negotiate a new mutually agreeable method and/or
successor publication from which to determine
commodity pricing.
(d) All prices and charges paid hereunder shall be
computed on a "dry" Btu basis.
4. Taxes: Subject to the terms of this Agreement, Seller
shall pay all taxes imposed with respect to the Gas
delivered to Buyer hereunder prior to delivery at the
Receipt Point(s) and Buyer shall pay all taxes imposed
upon Buyer with respect to such Gas on and after
delivery thereof to Buyer at the Receipt Point(s).
5. Transportation Arrangements: Seller shall be
responsible for contracting with and paying for
transportation upstream of the Receipt Point and Buyer
shall be responsible to contracting with and paying for
transportation downstream of the Receipt Point. Buyer
and Seller shall cooperate to ensure that nominations
(including any necessary adjustments thereto) are made
timely and that such nominations reflect the actual
expected deliveries and receipts. Seller shall be
responsible for nominations with Seller's transporter
upstream of the Receipt Point and Buyer shall be
responsible for nominations with Transporter downstream
from the Receipt Point.
6. Receipt Point(s): The Receipt Point under this
Agreement shall be Seller's pool point on Transporter,
Pool 4563. Alternate receipt point(s) hereunder shall
be at mutually agreeable points of receipt on the
mainline system of Transporter. In the event of a
prospective curtailment by Transporter of gas tendered
by Seller to Buyer from Seller's pool, Seller shall be
obligated to deliver gas to Buyer at one or more of the
following primary receipt points:
Meter No. Receipt Point
006204 CIG Xxxxx
009900 GPM Xxxxxxxx
040524 Maxus Sunray
Seller shall have a firm obligation to deliver gas to
Buyer at the Receipt Point(s) and Buyer shall have a
firm obligation to take gas as nominated by Buyer at
the Receipt Point(s). Buyer shall have the discretion
to waive the requirement that a mainline receipt point
be used, provided, however, that no such waiver shall
constitute a waiver pertaining to any other or future
purchases and any such waiver shall not prejudice the
ability of Buyer to insist on future mainline
deliveries.
7. Operations: Buyer and Seller agree to accept for
purposes of this Agreement the applicable quality,
delivery pressure, measurement requirements and other
applicable rules, procedures, guidelines, tariff
provisions, contractual arrangements and policies
of Transporter, as the same may change from time to
time.
8. Gas Quality: Gas delivered hereunder shall comply with
the quality and other specifications of Transporter's
Tariff, and shall be merchantable and free from
impurities that could affect its safe and normal use,
and free from hazardous or toxic substances, wastes, or
other contaminants.
9. Penalties: Seller shall be liable for all penalties,
cashouts, or other costs imposed on Buyer or Seller by
any third parties, including Seller's transporters and
Transporter, to the extent that such penalties are
caused by Seller's actions or inactions. Buyer shall
be liable for all penalties, cashouts, or other costs
imposed on Buyer or Seller by any third parties
including Seller's transporters and Transporter, to the
extent that such penalties are caused by Buyer's
actions or inactions. Seller agrees to use all
reasonable efforts to minimize the possibility of
imbalance at the Receipt Point(s) associated with
Buyer's quantities.
10. Measurement: Measurement and determination of the
quantity of Gas delivered to Buyer at the Delivery
Point(s) shall be made in accordance with the
measurement procedures provided in Transporter's
Tariff.
11. Billing and Payment:
(a) On or before the tenth (10th) day following
each Contract Month, Seller shall furnish, or have
furnished, one statement to Buyer stating the
quantity of Gas delivered to the Receipt Point(s)
for Buyer in the preceding month and the total
dollar amount due Seller pursuant to this
Agreement (the "Statement"). Seller's Statement
shall reflect both Reservation and Commodity
Charges due to Seller for the preceding Contract
Month. As to Commodity Charges, Seller's
Statement shall be based on the quantity of Gas
nominated by Buyer in such month, unless actual
information is available indicating Buyer received
less than the nominated quantity, in which event
the statement shall be based on the actual
information or best available estimate. On or
before the twenty fifth day of the month or the
tenth day following the receipt of Seller's
statement ("Due Date"), whichever is later, Buyer
shall make wire transfer to the account stated on
the invoice.
(b) Buyer shall have the right to offset amounts
payable by Seller, due from Seller to Buyer, or
costs attributable to Seller against any payments
from Buyer to Seller under this Agreement.
(c) Interest shall accrue on all late payments
commencing on the applicable Due Date at the then
current prime rate of National City Bank,
Indianapolis, Indiana, or its successor, or the
maximum lawful rate, whichever is lower.
(d) If the Statements above are based on
nominations or estimates of quantities delivered,
Seller shall have the duty to promptly reconcile
such amounts with actual deliveries and remedy the
imbalance in accordance with the procedures
specified in Paragraphs 9 and 14 and as otherwise
provided herein, and in accordance with
Transporter's procedures.
12. Force Majeure: All obligations of the parties to this
Agreement shall be suspended while and only for so long
as compliance is prevented by a cause beyond the
control of the party claiming force majeure, such as an
"Act of God", war, civil disturbance, Federal or State
or local law, or binding order of a court or
governmental agency, provided the suspension shall be
only to the extent performance was prevented by the
event of force majeure and provided the party claiming
force majeure provides immediate notice by telephone
and followed by prompt written notice by telecopy with
reasonably full particulars to the other party at or
near the commencement of such force majeure.
Notwithstanding the foregoing, the events or
occurrences described above shall relieve Seller of its
obligations under this Agreement only to the extent
Seller's performance is prevented and only after Seller
has first curtailed all interruptible sales of Gas
supplies to be delivered to Transporter's System.
Seller agrees to provide Buyer with no less than
Buyer's pro-rata share of Seller's available firm
supply on Transporter. A party claiming force majeure
hereunder shall have the duty to make all reasonable
efforts to remedy the force majeure condition as
promptly as possible.
Nothing in this force majeure provision shall serve to
absolve a party hereto from liability for its own
negligence or failure to exercise reasonable care in
performance of this Agreement.
The term force majeure specifically excludes the
following occurrences or events:
(a) the loss, interruption, or curtailment of
interruptible transportation on either Transporter
or any third party transporter to effect receipt
or delivery of Gas hereunder;
(b) decreases in natural Gas supply due to
allocation or reallocation of production by well
operators, prorationing, or for other reasons; or
(c) failure of specific, individual xxxxx or
appurtenant facilities in the absence of a force
majeure event broadly affecting other xxxxx in the
same geographic area.
(d) the ability or inability of a party to recover the
costs to be paid hereunder from its customers, or
the issuance of a rule, regulation, order or
decision by a state or federal governmental agency
which would subject either party to a detrimental
economic effect from continued performance due to
the effectiveness of the new rules, regulations,
or tariff provisions.
Notice of force majeure must be sent immediately,
without regard to standard business hours, by telephone
and telecopy, with hard copy sent by overnight mail, to
each of the representatives for Buyer or Seller
designated below.
BUYER: SELLER:
Indiana Gas Company, Inc. TENNECO GAS MARKETING COMPANY
Attn: Xxxx X. Xxxxxx Attn: Xxxxx Xxxxxx
Gas Supply 1010 Xxxxx (IFP 10th Floor)
0000 X. Xxxxxxxx Xxxxxx Xxxxxxx, XX 00000-0000
Xxxxxxxxxxxx, XX 00000 Phone: (000) 000-0000
Phone: (000) 000-0000 Pager: (000) 000-0000
Telecopy: (000) 000-0000 Telecopy: (000) 000-0000
and
Indiana Gas Company, Inc.
Attn: Gas Control
0000 X. Xxxxxxxx Xxxxxx
Xxxxxxxxxxxx, XX 00000
Phone: (000) 000-0000
Telecopy: (000) 000-0000
13. Possession and Warranty of Title:
(a) As between the parties hereto, Seller shall
be in exclusive control and possession of the Gas
delivered hereunder until the same shall have been
received by Transporter for Buyer's account at the
Receipt Point(s). Upon such delivery and receipt,
control and possession will transfer to
Transporter, provided however, that this provision
does not relieve Seller of its responsibility for
injuries or damage caused if Seller fails to meet
the quality standards of this Agreement, or
Transporter's Tariff. Title to Gas delivered
hereunder shall pass at the Receipt Point(s).
(b) Seller warrants to Buyer that it has good and
marketable title and/or authority to sell all Gas
delivered hereunder and such Gas is free and clear
from all liens, claims, and encumbrances of every
kind. Seller will indemnify and save Buyer
harmless against all losses, damages and expenses
of every character including, but not limited to,
reasonable attorneys' fees, with respect to the
Gas delivered by it to Buyer on account of
royalties, taxes, payments or other charges
applicable prior to delivery of the Gas hereunder,
as well as any liens, encumbrances and claims of
every kind.
14. Failure To Deliver or Take:
(a) If Seller fails to deliver the Nominated Daily
Quantity during any Month and such inability to
deliver is not excused under this Agreement, then
Seller shall reimburse Buyer for the amount of
increased cost to Buyer of acquiring replacement
gas during the same Month. The amount owed by
Seller to Buyer hereunder shall be calculated as
the product of (A) the difference, if positive,
between (i) the increased price paid by Buyer for
replacement gas, including any additional
transportation and fuel costs incurred by Buyer to
receive such replacement gas and (ii) the then
applicable Commodity Charge and (B) the difference
between the Nominated Daily Quantity and the
quantity of gas actually delivered by Seller.
Buyer agrees to act in good faith in purchasing
such replacement gas so as to minimize Seller's
obligations to Buyer under this Section.
(b) If Buyer fails to purchase the Nominated Daily
Quantity during any Month and such inability to
purchase is not excused under this Agreement, then
Buyer shall reimburse Seller for the loss
resulting therefrom. The amount owed by Buyer to
Seller hereunder shall be calculated as the
product of (A) the difference, if positive,
between (i) the then applicable Commodity Charge
and (ii) the lesser price received by Seller from
a third party purchaser, including any additional
transportation and fuel costs incurred by Seller
to deliver gas to a third party purchaser and (B)
the difference between the Nominated Daily
Quantity and the quantity of gas actually
purchased by Buyer. Seller agrees to act in good
faith in selling such gas to a third party
purchaser so as to minimize Buyer's obligations to
Seller under this Section.
(c) The parties agree that the actual losses incurred
by a party as a result of the other party's
failure to deliver or purchase quantities would be
uncertain and impossible to determine with
precision. As a result, payment by Seller and
Buyer in accordance with Subsections 14(a) and
14(b) for their failure to deliver or purchase
certain quantities of gas, respectively, shall be
the failing party's entire and sole liability to
the non-failing party, and the right to recover
such payment shall be the non-failing party's sole
and exclusive remedy, for the failing party's
failure or breach of its obligation to deliver or
purchase the Nominated Daily Quantity set forth in
this Agreement. Payment by Seller or Buyer
pursuant to this Section 14 is reasonable
compensation for such failures and shall be in
lieu of and exclude any and all other liabilities
of the failing party. Such payment shall not,
however, prevent termination of this Agreement by
the non-failing party if the failure to purchase
or deliver substantially impairs the value of this
Agreement to the non-failing party.
15. Correspondence: Except as provided in Paragraph 12 above,
any notice, statement or xxxx shall be in writing and shall
be duly delivered when (i) mailed, postage prepaid, by
registered, certified, or first class mail, or (ii) sent by
prepaid overnight delivery to the applicable address as
follows, or (iii) by telecopy directed to the appropriate
person and telecopy number below with hard copy also
delivered as in (i) or (ii) above:
NOTICES NOTICES
BUYER: INDIANA GAS COMPANY,INC. SELLER: TENNECO GAS MARKETING COMPANY
Xxxx Xxxxxx Xxx 0000
0000 X. Xxxxxxxx Xx. 1010 Xxxxx (IFP 0xx Xxxxx)
Indianapolis, IN 46202 Xxxxxxx, XX 00000-0000
Attn: Xxxx X. Xxxxxx Attn: Xxx Xxxxxxx
(000) 000-0000 Phone: (000) 000-0000
Telecopy: (000) 000-0000 Telecopy: (000) 000-0000
INVOICES INVOICES
BUYER: INDIANA GAS COMPANY, INC. SELLER: TENNECO GAS MARKETING COMPANY
0000 X. Xxxxxxxx Xx. Post Office Box 2511
Indianapolis, IN 46202 1010 Xxxxx (IFP 0xx Xxxxx)
Attn: Xxxxxx X. Xxxxxx Xxxxxxx, XX 00000-0000
Phone: (000) 000-0000 Attn: Accounting
Telecopy: (000) 000-0000 Phone: (000) 000-0000
Telecopy: (000) 000-0000
PAYMENTS PAYMENTS
BUYER: INDIANA GAS COMPANY, INC. SELLER: TENNECO GAS MARKETING COMPANY
0000 X. Xxxxxxxx Xx. Melon Bank, N.A.
Xxxxxxxxxxxx, XX 00000 Xxxxxxxxxx, XX
Attn: Xxxxxx X. Xxxxxx Account #000-0000
Phone: (000) 000-0000 ABA 000000000
Telecopy: (000) 000-0000
16. Miscellaneous:
(a) This Agreement is subject to all applicable laws,
orders, rules, and regulations of any State or Federal
governmental body or official having jurisdiction and
both Seller and Buyer agree that the transactions
agreed to hereunder shall be conditioned upon
compliance with all such laws, orders, rules, and
regulations.
(b) Seller and Buyer expressly agree that laws of the
State of Indiana shall govern the validity,
construction, interpretation and effect of this
Agreement, without regard to principles of conflicts of
law.
(c) Each party shall have the right following the
provision of reasonable notice and at all reasonable
hours to examine the appropriate books and records of
the other party to the extent necessary to verify
compliance with this Agreement, including the accuracy
of any statement, payment, a force majeure claim or
other claimed excuse of performance. In the event an
error is discovered and communicated to the other
party, such error shall be adjusted promptly.
(d) During any month, if the quantities of Gas
received by Transporter for Buyer at the Receipt
Point(s) exceed Buyer's nomination for that month,
Seller shall bear the economic burden of any costs
incurred by Buyer related to the overdelivery, and
with respect to the quantities over Buyer's
nomination, Buyer shall have, in addition to any
other rights it may have, the right at its
discretion to:
(i) purchase those quantities at a mutually
agreeable price; or
(ii) require Seller to remove those
quantities from Buyer's account with Transporter.
Moreover, and in that event, Buyer will have no
obligation to Seller with respect to those
quantities, and to the extent Buyer has made any
payment related to those quantities, Buyer shall
be entitled to reimbursement,
which reimbursement will occur no later than
thirty (30) days from the date the overdelivery is
discovered. Buyer shall be entitled to interest
on this amount, which shall be computed in
accordance with Paragraph 11 (c) of this Agreement
and shall accrue commencing with the payment by Buyer.
(e) Either party may pledge, mortgage or assign its
rights hereunder as security for indebtedness. Either
party may assign its rights or obligations under this
Agreement to a corporate affiliate without the consent
of the other party. This Agreement is otherwise
non-assignable except with the prior written consent of
Buyer and Seller.
(f) This Agreement is conditioned on the continued
solvency of Buyer and Seller. Both parties shall have
the right to request reasonable information from the
other so as to verify the continued solvency of the
other party. If reasonable concerns as to the
continued solvency of one party arise, the other party
shall be entitled to reasonable assurances of the other
party's continued ability to perform. If one party
becomes insolvent or seeks bankruptcy relief, the other
party may prospectively terminate this Agreement on
prior notice without further obligation other than to
pay for Gas previously delivered.
(g) No incidental, consequential or punitive damages -
NOTWITHSTANDING ANY OTHER PROVISIONS HEREIN, THE
PARTIES HERETO WAIVE ANY AND ALL RIGHTS, CLAIMS,
OR CAUSES OF ACTION ARISING UNDER THIS AGREEMENT
FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
(h) Third Party Beneficiaries - Neither Buyer nor
Seller intend for the provisions of this Agreement
to benefit any third party. No third party shall
have any right to enforce the terms of this
Agreement against Buyer or Seller.
(i) Interpretation - In interpretation and
construction of this Agreement, no presumption
shall be made against any Party on grounds such
Party drafted the Agreement of any provision
thereof.
(j) Waiver of Default - No waiver by either Party of
one or more defaults or breaches by the other in
performance of any of the terms or provisions of
this Agreement shall operate or be construed as a
waiver of any future default or breach, whether of
a like or of a different character.
(k) Entire Agreement - The terms and conditions
contained herein constitute the full and complete
agreement between the Parties and any change to be
made must be submitted in writing and executed by
both Parties.
(l) Severability - Except as otherwise stated herein,
any section declared or rendered unlawful by a
court of law or regulatory authority with
jurisdiction over the parties or deemed unlawful
because of a statutory change will not otherwise
affect the lawful obligations that arise under
this Agreement.
(m) Enforceability - Each Party represents that is has
all necessary power and authority to enter into
and perform its obligations under this Agreement
and that this Agreement constitutes a legal, valid
and binding obligation of that Party enforceable
against it in accordance with its terms, except as
such enforceability may be affected by any
bankruptcy law or the application of principles of
equity.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement in duplicate originals.
"SELLER"
TENNECO GAS MARKETING COMPANY
By: ____________________________
Its: ___________________________
"BUYER"
INDIANA GAS COMPANY, INC.
By: ____________________________
Its:____________________________
State of
County of
NOTARIZATION
Before me appeared , who after being
duly sworn, executed this Agreement on behalf of Seller and
acknowledged his authority to sign this contract on behalf
of Seller.
Notary Public
State of Indiana
County of Xxxxxx
NOTARIZATION
Before me appeared , who after being
duly sworn, executed this Agreement on behalf of Buyer and
acknowledged his authority to sign this contract on behalf
of Buyer.
Notary Public
My Commission Expires:
My County of Residence:
