EXHIBIT 10.17.1
SECOND AMENDMENT TO THE AGREEMENT FOR THE RELEASE
OF XXXXXXX PRAIRIE STORAGE CAPACITY
On this 30th day of July, 1997, The Washington Water Power Company ("Water
Power") and Cascade Natural Gas Corporation ("Cascade") (hereinafter
collectively referred to as the "Parties") have entered into this Agreement
("Second Amendment") for the purpose of amending the Agreement for the Release
of Xxxxxxx Prairie Storage Capacity ("Release Agreement") originally executed by
the Parties on July 23, 1990.
WITNESSETH:
WHEREAS, Water Power and Cascade are parties to a Release Agreement,
whereby Water Power will release a portion of its capacity and deliverability in
the Xxxxxxx Prairie Storage Project to Cascade, for a primary term ending
April 30, 1998; and
WHEREAS, Water Power and Cascade desire to extend the primary term of the
aforementioned Release Agreement to April 30, 2001, subject to the receipt of
necessary regulatory approvals;
NOW, THEREFORE, in consideration of their mutual covenants, the Parties
hereby agree to amend the Release Agreement in the following respects:
1. Section 4.1 of the Release Agreement, as previously amended, is hereby
revised to delete the references to "April 30, 1998" as the end of the primary
term of the Agreement, and substitute therefore the date of "April 30, 2001", so
that Section 4.1, as newly revised, reads as follows:
2.
4.1 Subject to the satisfaction of all conditions precedent,
including the receipt of necessary regulatory approvals, the primary
term of this Agreement shall continue until April 30, 2001, and
thereafter, on a year-to-year basis unless terminated by either Party
upon twelve (12) months' written notice of termination received prior
to April 30, 2001, or any anniversary thereafter.
1. Section 5.3 of the Release Agreement, as previously amended, is hereby
revised to delete the reference to "November 1, 1995" as the date by which all
conditions precedent must be satisfied, and to substitute therefore the date of
"November 1, 1998", so that Section 5.3, as newly revised, reads as follows:
2.
5.3 If all conditions precedent are not satisfied in time to
allow for Cascade's use of the released Deliverability and Capacity by
November 1, 1998, either Party may, upon fifteen (15) day's written
notice, cancel this Agreement.
1. The Parties agree to substitute a revised version of the following
Exhibit, which was previously attached to the Release Agreement:
2.
Exhibit B: Consent of Northwest Pipeline and Puget Sound Energy
Company to the Release.
IN WITNESS WHEREOF each Party has caused this Second Amendment to be
executed under the hands of its duly authorized representative.
THE WASHINGTON WATER POWER CASCADE NATURAL GAS
COMPANY CORPORATION
By: /s/ By: /s/
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Xxx Xxxxxxxxxx Xxx Xxxxxx
Manager, Resource Optimization Vice President,
Planning and Rates