Exhibit 10.5
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-no
notice agreement dated November 1, 1994, (#904471) as amended March 1, 1995, and
July 26, 1996, under Company's Rate Schedule FT-NN ("Agreement") for 14,051 Mcf
per day of Transportation Demand for a primary term through February 28, 2000;
and
WHEREAS, Company and Shipper have had discussions regarding an
extension of the primary term 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-NN 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 a primary term through August
31, 2003, 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 any 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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