Exhibit 10.4
AMENDATORY AGREEMENT
This Amendment is entered into this 21st day of April, 1997, between
SOUTHERN NATURAL GAS COMPANY ("Company") and CHATTANOOGA GAS COMPANY
("Shipper").
WITNESSETH:
WHEREAS, Company and Shipper are parties to a firm transportation
agreement dated November 1, 1994, (#904470) as amended March 1, 1995, and July
26, 1996, under Company's Rate Schedule FT ("Agreement") for an aggregate
quantity of 7,949 Mcf per day of Transportation Demand for separately stated
terms; and
WHEREAS, Company and Shipper have had discussions regarding an
extension of the primary term for a portion of the Transportation Demand under
the Agreement as more specifically provided for herein;
NOW, THEREFORE, in consideration of the premises and the mutual
benefits and covenants contained herein, the parties agree as follows:
1. Section 4.1 of the FT Agreement shall be deleted in its entirety
and the following Section 4. 1 substituted therefor:
"Subject to the provisions hereof, this Agreement shall become
effective as of the date first hereinabove written and shall be in full
force and effect for primary terms through the following dates: (a)
April 30, 2007, for 3,300 Mcf per day of Transportation Demand, and
shall continue and remain in force and effect for successive terms of
one year each thereafter, unless and until canceled by either party
giving 180 days written notice to the other party prior to the end of
the primary term or any yearly extension thereof, and (b) August 31,
2003, for 4,649 Mcf per day of Transportation Demand, and shall
continue and remain in force and effect for successive terms of one
year each thereafter if the parties' mutually agree in writing to each
such yearly extension at least 365 days prior to the end of the primary
term or subsequent yearly extension."
2. Except as provided herein, the Agreement shall remain in full force
and effect as written.
3. This Amendment is subject to all applicable, valid laws, orders,
rules, and regulations of any governmental entity having jurisdiction over the
parties or the subject mater hereof.
4. This Amendment shall be binding on the parties' respective
successors and assigns.
WHEREFORE, the parties have executed this Amendment through their duly
authorized representatives to be effective as of the date first written above.
ATTEST: SOUTHERN NATURAL GAS COMPANY
By: /s/ Xxxxx X. Xxxxxx By: /s/ Xxxxx X. Xxxxxx, Xx.
Title: Vice President Title: President
ATTEST: CHATTANOOGA GAS COMPANY
By: /s/ Xxxxxxx X. Xxxxx By: /s/ Xxxxxxxx X. Xxxxxxxx
Title: V. P. and Corp. Secy Title: President
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