EXHIBIT 10.4
Great Bay Power Corporation Original Sheet No. 1
First Revised Rate Schedule FERC No. 16
AMENDED AND RESTATED PURCHASED POWER AGREEMENT
BETWEEN
GREAT BAY POWER CORPORATION
AND
UNITIL POWER CORP.
THIS AMENDED AND RESTATED PURCHASED POWER AGREEMENT ("Agreement") is made
and entered into as of November 1, 2002, (the "Commencement Date") by and
between Great Bay Power Corporation ("SELLER") and Unitil Power Corp. ("BUYER").
WITNESSETH THAT:
WHEREAS, BUYER is a New Hampshire corporation, purchasing electric power
and energy for resale to its affiliates in the State of New Hampshire; and
WHEREAS, SELLER is a New Hampshire corporation involved in the purchase
and sale of wholesale electricity; and
WHEREAS, BUYER and SELLER are parties to a Purchased Power Agreement dated
as of the 26th day of April, 1993 (the "Original Purchased Power Agreement");
and
WHEREAS, BUYER and SELLER desire to amend and restate the Original
Purchased Power Agreement on the terms and conditions set forth herein.
Issued by: Xxxxxxx X. Xxxxxxxxxxxx, Vice President Effective: November 1, 2002
Issued on: July 31, 2002
Great Bay Power Corporation Original Sheet No. 2
First Revised Rate Schedule FERC No. 16
NOW, THEREFORE, in consideration of the premises and of the mutual
obligations and undertakings set forth herein, the parties agree as follows:
ARTICLE 1. TERM
This Agreement shall become effective on the Commencement Date and shall
expire at 12:00 midnight on October 31, 2010, unless extended or sooner
terminated in accordance with the terms set forth herein. The applicable
provisions of this Agreement shall continue in effect after the termination of
this Agreement to the extent necessary to provide for final billing and billing
adjustments, but all such billing and billing adjustments shall be made not
later than twelve months following the termination of this Agreement. If
information necessary to provide for any final billing or billing adjustment
remains unavailable at the end of such twelve month period, such final billing
or billing adjustments shall be made based on the good faith estimates of the
parties.
ARTICLE 2. DEFINITIONS
The following defined terms shall be used in this Agreement:
2.1 "Deflator(t)" shall refer to the final calculation of the Gross Domestic
Product Implicit Price Deflator for the month prior to the first day of
the period for which the price adjustment is being calculated, as such
final Deflator is listed in the index published by the Bureau of Economic
Analysis of the Department of Commerce (the "Index"). For example, if the
price adjustment is being calculated for the one year period beginning
November 1, 2003, the Deflator(t) would be the final Deflator for the
month of October, 2003 published in the Index.
2.2 "Deflator(t-n)" shall refer to the final calculation of the Gross Domestic
Product Implicit Price Deflator as listed in the Index published with
respect to the month
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Issued by: Xxxxxxx X. Xxxxxxxxxxxx, Vice President Effective: November 1, 2002
Issued on: July 31, 2002
Great Bay Power Corporation Original Sheet No. 3
First Revised Rate Schedule FERC No. 16
which was n months before the month prior to the first day of the period
for which the price adjustment is being calculated. For example, if the
price adjustment is being calculated for the one year period beginning
November 1, 2003, based on a comparison of Deflator(t) to the Deflator
applicable on the same date 12 months earlier (that is, the Deflator
applicable for November 1, 2002), the earlier Deflator would be expressed
as Deflator (t-12) and that Deflator would be the final Deflator published
for the month of October, 2002.
2.3 If the Index required to calculate a Deflator(t) or a Deflator (t-n) has
not yet been published when a calculation is required, the parties shall
use a good faith estimate of the applicable final Deflator and for such
calculation and shall, promptly after the applicable final Deflator is
published, make such adjustments as are necessary to reflect the actual
final Deflator.
2.4 Capitalized terms used herein and not otherwise defined shall have the
meanings given them in the New England Power Pool ("NEPOOL") Agreement
dated September 1, 1971, as amended by the Restated NEPOOL Agreement filed
with FERC on June 22, 1998, as finally approved by FERC and as further
amended and restated from time to time (the "NEPOOL Agreement").
ARTICLE 3. POWER PURCHASE
3.1 Commencing on the Commencement Date, SELLER shall sell and BUYER shall
purchase from SELLER 9.06 megawatthours ("MWh") per hour of firm energy
and 9.06 megawatts ("MW") of capacity (currently referred to as ICAP).
BUYER shall purchase such power at a purchase price of 5.034 cents per
kilowatthour
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Issued by: Xxxxxxx X. Xxxxxxxxxxxx, Vice President Effective: November 1, 2002
Issued on: July 31, 2002
Great Bay Power Corporation Original Sheet No. 4
First Revised Rate Schedule FERC No. 16
("kWh") of energy actually delivered to the Delivery Point pursuant to
Article 4 below, as adjusted from time to time as set forth in Section 3.3
below (as adjusted, the "Purchase Price").
3.2 For purposes of this Agreement, "firm" shall mean that SELLER's obligation
to sell and deliver the energy and capacity provided for in Section 3.1,
above, shall be excused only to the extent that, and for the period during
which, such performance is prevented by Force Majeure affecting SELLER,
and that BUYER's obligation to purchase and pay for such energy and
capacity shall be excused only to the extent that, and for the period
during which, such performance is prevented by Force Majeure affecting
BUYER.
3.3 On November 1st of each year commencing in 2003 and until and including
2009, the Purchase Price shall be increased by a percentage equal to the
greater of (A) zero or (B) [((Deflator(t)/Deflator(t-12)) -1) x 100]% -4%.
3.4 By way of example, if (a) the Purchase Price on November 1, 2005 is 6.0
cents per kWh, (b) the Deflator(t) is 112 and (c) the Deflator(t-12) is
101, then the formula in 3.3 would be applied as follows:
[(112/101 - 1) x 100%] - 4% = 6.89%
6.0 cents per kWh increased by 6.89% = 6.41 cents per kWh
Thus, 6.41 cents per kWh would be the Purchase Price for the period from
November 1, 2005 through October 31, 2006.
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Issued by: Xxxxxxx X. Xxxxxxxxxxxx, Vice President Effective: November 1, 2002
Issued on: July 31, 2002
Great Bay Power Corporation Original Sheet No. 5
First Revised Rate Schedule FERC No. 16
ARTICLE 4. TRANSMISSION AND DELIVERY
Prior to the implementation of the Standard Market Design ("SMD") in
NEPOOL, power purchased by BUYER from SELLER hereunder shall be delivered to
BUYER at the NEPOOL PTF ("Delivery Point"), as defined in the NEPOOL Agreement.
After the implementation of the SMD in NEPOOL, the Delivery Point shall be the
load zone defined by ISO-New England, Inc. ("ISO-NE") that includes the Seabrook
node. BUYER shall arrange for and assume all costs of transmission at and from
the Delivery Point.
ARTICLE 5. EXTENSION OF PURCHASE
5.1 BUYER shall have the right and option, exercisable in its sole discretion,
to extend its right to purchase power pursuant to this Agreement for up to
an additional twelve (12) years commencing November 1, 2010. This option
shall expire and be of no further force or effect unless BUYER gives
written notice to SELLER that it has determined to exercise the option on
or before November 1, 2005.
5.2 The purchase price for power purchased pursuant to an extension of this
Agreement for the year commencing November 1, 2010 shall be a rate per kWh
equal to 6.5 cents per kWh multiplied by (Deflator(t)/Deflator(t-216)), as
adjusted from time to time as set forth in Section 5.3 below (as adjusted,
the "Extension Purchase Price").
5.3 On November 1st of each year commencing in 2011 and until and including
2021, the Extension Purchase Price with the respect to the years through
and including
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Issued by: Xxxxxxx X. Xxxxxxxxxxxx, Vice President Effective: November 1, 2002
Issued on: July 31, 2002
Great Bay Power Corporation Original Sheet No. 6
First Revised Rate Schedule FERC No. 16
2021, shall be increased by a percentage equal to the greater of (A) zero
or (B) [(Deflator(t) /Deflator(t-12) - 1) x 100%].
ARTICLE 6. BILLING AND PAYMENT
6.1 Bills shall be rendered by SELLER as soon as practicable after the end of
each calendar month during the term of this Agreement. Bills shall
incorporate such information as is necessary or desirable to determine the
accuracy of payments due for such month.
6.2 Bills may be based in whole or in part upon estimates. All payments shown
to be due on any xxxx, subject to subsequent adjustments as may be
necessary to correct for any errors in arithmetic, computation, meter
readings, estimating (including without limitation estimates of the Index
pursuant to Section 2.1), or otherwise, shall be due and payable not later
than the Due Date, which shall be 15 days after the receipt of such xxxx
by BUYER. Any subsequent adjustments shall be made in good faith and
reflected in subsequent bills. All amounts due which remain unpaid after
the Due Date, or if the amount of the xxxx is reasonably disputed, all
amounts finally determined to be due and payable, and all amounts
determined to be required to be returned to BUYER after the resolution of
a dispute, shall bear interest at the annual rate of two percentage points
over the "Base Rate" or comparable base lending rate then in effect at the
main office of Fleet Bank, located in Boston, Massachusetts, or its
successor bank, from the date such xxxx is rendered through the date of
payment. A party may not dispute a xxxx unless such disputing party
notifies the other party within two years of the date of the sending of
the disputed xxxx.
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Issued by: Xxxxxxx X. Xxxxxxxxxxxx, Vice President Effective: November 1, 2002
Issued on: July 31, 2002
Great Bay Power Corporation Original Sheet No. 7
First Revised Rate Schedule FERC No. 16
6.3 If any xxxx remains unpaid after the Due Date, except for amounts
reasonably in dispute, and such xxxx remains unpaid for a period of 10
days after the Due Date, SELLER shall have the right to terminate this
Agreement or to suspend delivery of power under this Agreement five days
after BUYER receives notice of such termination or suspension, as the case
may be, in accordance with Section 18.5, provided any such xxxx remains
unpaid at the end of such five day period, unless, prior to the end of
such five day period, BUYER provides SELLER with a reasonably detailed
written statement of its reasons for disputing the xxxx.
ARTICLE 7. LIABILITY, INDEMNIFICATION, AND INSURANCE
7.1 Nothing in this Agreement shall create any duty, standard of care, or
liability to, or any right in, any person not a party to it. Neither party
shall be liable to the other party for any consequential or punitive
damages.
7.2 Each party (the "Indemnifying Party") shall indemnify and hold harmless
the other party (the "Indemnified Party") (including its corporate parent,
corporate subsidiaries, affiliates, agents, officers, directors,
employees, successors, and assigns) from and against any damages or losses
whatsoever, including but not limited to damages resulting from the
willful misconduct or gross negligence of the Indemnifying Party, suffered
by the Indemnified Party by reason of personal injury, death or damage to
property directly or indirectly caused by, arising out of, sustained on,
or in any way connected with the Indemnifying Party's use or operation of
its own facilities in the performance of this Agreement, except that each
party shall be solely responsible for, and shall bear all costs arising
from, any such injury, death, or damage to third parties caused by or
claimed to have been
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Issued by: Xxxxxxx X. Xxxxxxxxxxxx, Vice President Effective: November 1, 2002
Issued on: July 31, 2002
Great Bay Power Corporation Original Sheet No. 8
First Revised Rate Schedule FERC No. 16
caused by the actions of the applicable party's own employees or
contractors covered by any workers' compensation law.
ARTICLE 8. LAWS, REGULATIONS, ORDERS, APPROVALS, PERMITS AND
FEDERAL ENERGY TAX
8.1 This Agreement is made subject to all applicable present and future local,
state, and federal laws and to the regulations or orders of any local,
state, or federal regulatory authority having jurisdiction over the
matters set forth herein, and performance hereunder is conditioned upon
securing and retaining such local, state, and federal approvals, grants,
or permits as may from time to time be necessary with respect to such
performance. Both parties agree to use their respective best efforts to
secure and retain all such approvals, grants, and permits including, but
not limited to, acceptance for filing by the FERC of the rates provided
for in this Agreement, provided that this requirement shall not create any
obligation for BUYER to incur material costs. BUYER acknowledges that this
Agreement is an arm's-length agreement and will support the FERC filing of
SELLER.
8.2 SELLER and BUYER agree that if and to the extent that the United States
imposes a so-called "Energy Tax" on SELLER, BUYER shall, in addition to
the Purchase Price or the Extension Purchase Price, as the case may be,
pay to SELLER the "Tax Reimbursement Amount," determined as described in
the following sentence. The Tax Reimbursement Amount shall be that portion
of SELLER's Energy Tax payment attributable to the kwh purchased by BUYER
from SELLER during the applicable period of time, provided that if the
rate at
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Issued by: Xxxxxxx X. Xxxxxxxxxxxx, Vice President Effective: November 1, 2002
Issued on: July 31, 2002
Great Bay Power Corporation Original Sheet No. 9
First Revised Rate Schedule FERC No. 16
which the Energy Tax is determined for any of natural gas, oil or coal
during such period is less than the rate at which the Energy Tax is
determined for SELLER, the lowest such rate for natural gas, oil or coal,
as the case may be, shall be used to determine the Tax Reimbursement
Amount for such period and SELLER shall bear sole responsibility for any
additional tax liability. SELLER and BUYER shall, if and when the Energy
Tax is implemented, establish by mutual agreement a reasonable methodology
for determining what the Energy Tax rate is with respect to natural gas,
oil or coal. SELLER shall include charges for the Tax Reimbursement Amount
in its monthly billing under Section 6.1 above, subject to adjustment
under Section 6.2 above.
ARTICLE 9. MATERIAL DEFAULT BY SELLER
The following shall constitute events of Material Default by SELLER:
(a) SELLER (i) files for or becomes subject to a proceeding under
federal or state bankruptcy or insolvency law seeking the
liquidation or reorganization of SELLER, or the readjustment of
indebtedness of SELLER (unless such proceeding shall be dismissed
within 90 days from the date it is instituted); (ii) files for or
becomes subject to a proceeding under Title 11 of the United States
Code (the "Bankruptcy Code") and rejects this Agreement under the
Bankruptcy Code: (iii) makes an assignment for the benefit of
creditors, becomes insolvent, or is unable to pay its debts
generally as they become due; (iv) consents to the appointment of
any receiver, administrator, liquidator or trustee of its property
or any receiver, administrator, liquidator or trustee shall
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Issued by: Xxxxxxx X. Xxxxxxxxxxxx, Vice President Effective: November 1, 2002
Issued on: July 31, 2002
Great Bay Power Corporation Original Sheet No. 10
First Revised Rate Schedule FERC No. 16
be appointed for SELLER or for all or any part of the property of
SELLER; or (v) takes any action for the purpose of effecting any of
the foregoing;
(b) SELLER fails, for a period of 90 days from its receipt of written
notice from BUYER to cure such failure, to perform a material
obligation of this Agreement not otherwise specifically described in
this Article 9; or
(c) SELLER has failed for a period of 90 days from its receipt of
written notice from BUYER to pay any amounts due and invoiced by
BUYER under the terms of this Agreement, except for amounts SELLER
is contesting in good faith.
SELLER shall notify BUYER of the occurrence of any event of Material
Default promptly upon SELLER's initiating or learning of the occurrence of such
event; such notice shall be given by SELLER even if the event of Material
Default can be cured or mitigated as described herein.
ARTICLE 10. TERMINATION FOR MATERIAL DEFAULT
In the event of the occurrence of a Material Default described in Article
9 hereof which continues beyond the expiration of any cure periods provided for
therein, BUYER shall have the right, but not the obligation, to terminate this
Agreement upon written notice to SELLER, and to collect damages as and to the
extent provided for in Article 11 hereof.
ARTICLE 11. MINIMUM COVER DAMAGES
11.1 Notwithstanding any other provisions of this Agreement, in the event of a
Material Default as a result of which BUYER terminates this Agreement as
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Issued by: Xxxxxxx X. Xxxxxxxxxxxx, Vice President Effective: November 1, 2002
Issued on: July 31, 2002
Great Bay Power Corporation Original Sheet No. 11
First Revised Rate Schedule FERC No. 16
provided for in Article 10, BUYER shall be entitled to minimum cover
damages ("Minimum Cover Damages"). Such Minimum Cover Damages shall be
equal to the amount estimated to cover fully the difference (where
positive) between the cost of replacement energy projected from the date
of such Material Default through October 31, 2010, or through October 31,
2022 if BUYER has exercised its option under Article 5 prior to the date
of such Material Default, and the price which BUYER would have paid for
such energy hereunder if no such Material Default had occurred. Minimum
Cover Damages shall be calculated using good faith estimates of the
various escalation provisions hereof and taking into account the actual
steps taken by BUYER to the date of such calculation to obtain replacement
energy and BUYER's plans for the then-remaining portion of the period
through October 31, 2010, or through October 31, 2022 if BUYER has
exercised its option under Article 5 prior to the date of such Material
Default. The amount determined to be due and payable hereunder as Minimum
Cover Damages shall bear interest at the annual rate of two percentage
points over the "Base Rate" or comparable base lending rate then in effect
at the main office of Fleet Bank, located in Boston, Massachusetts, or its
successor bank, from the date the applicable Event of Material Default
occurs through the date of payment. Nothing herein shall excuse BUYER from
taking all commercially reasonable steps to mitigate damages in accordance
with the provisions of law.
11.2 To secure the obligations of SELLER to pay the Minimum Cover Damages,
SELLER shall cause to be issued for the benefit of BUYER on or prior to
the Commencement Date an irrevocable stand-by Letter of Credit which shall
remain
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Issued by: Xxxxxxx X. Xxxxxxxxxxxx, Vice President Effective: November 1, 2002
Issued on: July 31, 2002
Great Bay Power Corporation Original Sheet No. 12
First Revised Rate Schedule FERC No. 16
in effect during the entirety of the term set forth in Article 1 hereof
(the "Letter of Credit") in the amount of $2,500,000.00 (the "L/C
Amount"), subject to the following:
(a) The Letter of Credit shall be issued by a bank (the "Issuer") having
senior unsecured debt securities rated ("Debt Rating") at least
investment grade by Xxxxx'x Investors Services, Inc. ("Xxxxx'x")
(currently Baa) or by Standard & Poors Corporation ("S&P")
(currently BBB) ("Investment Grade") and having a net worth as shown
on its most recent audited balance sheet of at least $500 million.
The form of such Letter of Credit shall be reasonably acceptable to
BUYER.
(b) The obligation of SELLER to provide and have in effect the Letter of
Credit described in this Section 11.2 shall be terminated in the
event that SELLER (or an affiliate of SELLER that provides an
unconditional and irrevocable guaranty of SELLER's obligations under
this Agreement in favor of BUYER in form and substance reasonably
acceptable to BUYER) has a Debt Rating of at least A3 by Moody's or
A- by S&P ("Acceptable Quality"); provided that if such Debt Rating
is subsequently terminated, reduced from or downgraded below
Acceptable Quality, SELLER shall, within three business days of such
termination, reduction, or downgrade, post and reinstate the Letter
of Credit, in the amount and for the term described in this Section
11.2, and the obligation to maintain the Letter of Credit shall in
all respects be governed by this Section 11.2.
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Issued by: Xxxxxxx X. Xxxxxxxxxxxx, Vice President Effective: November 1, 2002
Issued on: July 31, 2002
Great Bay Power Corporation Original Sheet No. 13
First Revised Rate Schedule FERC No. 16
ARTICLE 12. REMEDIES
Subject to the provisions of Article 9 hereof, upon either party's failure
to perform any obligation of this Agreement, the other party, in addition to the
rights described in specific sections of this Agreement, and except to the
extent specifically limited by this Agreement, may exercise, at its election,
any rights and claim and obtain any remedies it may have at law or in equity
including, without limitation, compensation for monetary damages, injunctive
relief and specific performance.
ARTICLE 13. ASSIGNMENT
The rights and/or obligations of a party under this Agreement may not be
assigned without the prior written consent of the other party, which consent
shall not be unreasonably withheld; provided, however, that an assignment of
this Agreement by either BUYER or SELLER to a third party assignee which at the
time of such assignment has senior unsecured debt securities having an
Investment Grade rating, or whose obligations hereunder are unconditionally and
irrevocably guaranteed by an affiliate of such third party assignee which at the
time of such assignment has senior unsecured debt securities having an
Investment Grade rating , shall not require the consent of the non-assigning
party, so long as the third party assignee executes and delivers to the
non-assigning party an instrument pursuant to which it assumes all of the
obligations of the assigning party hereunder and demonstrates to the
non-assigning party that it (or its affiliate guarantor) meets such Investment
Grade requirements. Any such assignment to a third party assignee meeting the
Investment Grade requirements of the previous sentence shall relieve the
assigning party of any further obligations or liabilities hereunder upon
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Issued by: Xxxxxxx X. Xxxxxxxxxxxx, Vice President Effective: November 1, 2002
Issued on: July 31, 2002
Great Bay Power Corporation Original Sheet No. 14
First Revised Rate Schedule FERC No. 16
consummation of such assignment in accordance with the requirements of the
foregoing sentence.
ARTICLE 14. INTERPRETATION
To the extent that state law is applicable, the interpretation and
performance of this Agreement shall be in accordance with, and controlled by,
the laws of the State of New Hampshire.
ARTICLE 15. FORCE MAJEURE
15.1 "Force Majeure" shall mean any cause beyond the reasonable control of, and
without the fault or negligence of, the party claiming Force Majeure,
including, without limitation, storm, flood, lightning, drought,
earthquakes, hurricane, tornado, landslide, fire, epidemic, war, riot,
sabotage, explosions, civil disturbance, labor dispute, act of God or the
public enemy, action of a court, public authority or governmental entity,
change in law, or inability to obtain necessary regulatory approvals.
Notwithstanding the foregoing, none of the following shall constitute
Force Majeure hereunder: (i) the inability of a party to obtain financing
at any time or from time to time; (ii) the failure or inability of a party
to realize a profit or avoid a loss attributable to the performance of its
obligations or the exercise of its rights under this Agreement; (iii) the
failure of SELLER to have entered into contracts for the purchase by
SELLER of power and capacity for resale to BUYER hereunder or for the
transmission of such power to the Delivery Point; or (iv) the failure or
inability of BUYER to use or resell the power and capacity made available
to it at the Delivery Point by SELLER hereunder.
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Issued by: Xxxxxxx X. Xxxxxxxxxxxx, Vice President Effective: November 1, 2002
Issued on: July 31, 2002
Great Bay Power Corporation Original Sheet No. 15
First Revised Rate Schedule FERC No. 16
15.2 A party shall be excused from performing under this Agreement, to the
extent and for the period that the party's inability to perform is caused
by a Force Majeure, provided that the nonperforming party promptly gives
the other party written notice describing the particulars of the Force
Majeure, and that the nonperforming party shall exert its best efforts to
resume performance hereunder within the earliest practicable time
following any such Force Majeure. A Force Majeure shall not excuse the
obligations of either party under the indemnification provisions of
Section 7.3.
ARTICLE 16. SEVERABILITY OF PROVISIONS
If any one or more provisions contained herein shall be finally determined
by any court of competent jurisdiction to contravene, or be invalid under, any
applicable provision of law, or shall at any time fail to be effective or
operational for any reason other than a default under this Agreement, including
without limitation disallowance or invalidation by any regulatory authority
having jurisdiction over the matters contained in the Agreement, such
contravention, invalidity, disallowance, or failure to be effective or
operational shall not invalidate this entire Agreement, but such provision or
provisions shall be severed from this Agreement, and the Agreement shall be
construed as if not containing such provision or provisions, and the rights and
obligations of the parties shall be construed and enforced accordingly;
provided, however, that no new obligation shall thereby be imposed on either
party. The parties will negotiate in good faith to provide a substitute for such
severed provision or provisions, but no such substitute shall be binding on
either party unless set forth in a written document executed and delivered by
each of
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Issued by: Xxxxxxx X. Xxxxxxxxxxxx, Vice President Effective: November 1, 2002
Issued on: July 31, 2002
Great Bay Power Corporation Original Sheet No. 16
First Revised Rate Schedule FERC No. 16
the parties to this Agreement and filed with and accepted for filing by such
regulatory authorities as have jurisdiction.
ARTICLE 17. MISCELLANEOUS
17.1 Each party shall execute and deliver to the other party any documents
reasonably required to implement any provision hereof.
17.2 Any number of counterparts of this Agreement may be executed and each
shall have the same force and effect as the original.
17.3 This Agreement may be modified only by an instrument in writing signed by
duly authorized representatives of all of the parties hereto.
17.4 Delay or failure of either party to enforce all or part of any provision
of this Agreement, or to require performance by the other party of all or
part of any provision hereof, shall not be construed as a waiver of such
provision, or any other provision, or affect the validity of this
Agreement, any part hereof, or the right of either party thereafter to
enforce each and every provision.
17.5 All written notices or requests (including without limitation bills
rendered pursuant to Section 6.2) shall be deemed to have been given or
made when delivered by mail, similar private carrier, telecopy, or other
electronic means, to a party at the address shown below its name on the
signature page hereto, or to such other address as may be hereafter
designated in writing by such party to the other party.
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Issued by: Xxxxxxx X. Xxxxxxxxxxxx, Vice President Effective: November 1, 2002
Issued on: July 31, 2002
Great Bay Power Corporation Original Sheet No. 17
First Revised Rate Schedule FERC No. 16
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by
their respective authorized officers as of the date first written above.
UNITIL POWER CORP. GREAT BAY POWER CORPORATION
By: /S/ Xxxxx X. Xxxxx By: /S/ Xxxxxxx X. Xxxxxxxxxxxx
Name: Xxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxxxxxxxxx
Title: President Title: Vice President
Address: 0 Xxxxxxx Xxxx Xxxx Address: 00 Xxx Xxxxxxx, Xxxxx 0
Xxxxxxx, XX 00000 Xxxxx, XX 00000
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Issued by: Xxxxxxx X. Xxxxxxxxxxxx, Vice President Effective: November 1, 2002
Issued on: July 31, 2002
