Contract
Exhibit 10.33
This Contract, entered into this 18th day of April 2007, by and between Indiana
Michigan Power Company hereafter called the Company, and Cardinal Ethanol, LLC, 0 XXXX
Xxxxxx, Xxxxx 000, XX Xxx 000, Xxxxxxxxxx, XX 00000 or his or its heirs, successors or assigns,
hereafter called the Customer.
Witnesseth:
For and in consideration of the mutual covenants and agreements hereinafter contained, the
parties hereto agree with each other as follows:
The Company agrees to furnish to the Customer, during the term of this Contract, and the
Customer agrees to take from the Company, subject to Company’s standard Terms and Conditions of
Service as regularly filed with the Indiana Utility Regulatory Commission, all the electric
energy of the character specified herein that shall be purchased by the Customer in the premises
located at Xxxxxxxx County 000 X Xxxxx Xxxx 00, Xxxxx Xxxx, XX.
The Company is to furnish and the Customer is to take electric energy under the terms of this
Contact for an initial period of 30 month(s) from the time such service is commenced, and
continuing thereafter until terminated upon 2 months written notice given by either party of its
intention to terminate the Contract. The date that service shall be deemed to have commenced under
this Contract shall be the date service is energized.
The electric energy delivered hereunder shall be alternating current at approximately
7200/12470 volts 4-wire, 3-phase, and it shall be delivered at the customer owned primary
facilities, which shall constitute the point of deliver under this Contract. The said electric
energy shall be delivered at reasonably close maintenance to constant potential and frequency, and
it shall be measured by a meter or meters owned and installed by the Company and located at the
AEP owned metering CT’s.
The Customer acknowledges that the Customer may be eligible to receive service under more than one
of the Company’s schedules and that such options have been explained to the Customer. The Customer
and Company agree that the Customer has chosen to receive service under the provisions of the
Company’s Tariff INDUSTRIAL POWER PRIMARY, code 322. The Customer agrees to pay the
Company monthly for electric energy delivered hereunder at the rates and under the provisions of
the Company’s Tariff INDUSTRIAL POWER PRIMARY, code 322, as regularly filed with the
Indiana Utility Regulatory Commission as long as that schedule is in effect. In the event
that the tariff chosen by the Customer is replaced by a new or revised tariff incorporating
different rates or provisions, or both, the Company and Customer understand and agree that the
Company will continue to provide service, and the Customer will continue to take service, under
this Contract, subject to such changed provisions, and that the Customer will pay for such service
at the new rates on and after the date such rates become effective.
The Customer’s contract capacity under the tariff named herein is hereby fixed at 10.000kVA.
If a time-of-day demand is available under the tariff and is selected by the Customer, the
reservation of capacity aforementioned shall be the peak period reservation of capacity and shall
determine the tariff’s minimum monthly billing demand.
There are no unwritten understandings or agreements relating to the service hereinabove
provided. This Contract cancels and supersedes all previous agreements, relating to the purchases
by Customer and sale by Company of electric energy at Customer’s premises as referred to above, on
the date that service under this Contract commences. This Contract shall be in full force and
effect when signed by the authorized representatives of the parties hereto.
If the account is in contractors named when energized, the contract effective date shall be the
read in date and when the account becomes active in Cardinal Ethanol’s name. The customer shall
install only motors, apparatus, or appliances which are suitable for operation with the character
of services supplied by the Company, and which shall not be detrimental to the same, and the
electric power must not be used in such a manner as to cause unprovided for voltage fluctuations or
disturbances in the companys transmission or distribution system.
| Indiana Michigan Power Company | Cardinal Ethanol, LLC | |||||
By:
|
/s/ Xxxxxx Xxxxx | By: | /s/ Xxxx Xxxxxxxx | |||
| Xxxxxx Xxxxx | Xxxx Xxxxxxxx | |||||
| Title: Manager | Title: President | |||||
| Date: 5/2/2007 | Date: April 23, 2007 | |||||
| Account Number | ||||||
