Amendatory Agreement
This Amendment is entered into this 23 day of August, 1996, between
SOUTHERN NATURAL GAS COMPANY ("Company") and ATLANTA GAS LIGHT COMPANY
("Shipper").
RECITALS:
1. Company and Shipper are parties to a firm transportation agreement
dated September 1, 1994 (#902470) for 100,000 Mcf per day, as amended March 1,
1995 (the "September FT Agreement"), a firm transportation agreement dated
November 1, 1994 (#904460), as amended March 1, 1995 and June 1, 1995, for
255,812 Mcf per day (the "November FT Agreement"), a no-notice firm
transportation agreement dated November 1, 1994 (#904461) as amended March 1,
1995 for 406,222 Mcf per day (the "FT-NN Agreement"), and a contract storage
service agreement dated November 1, 1994 as amended March 1, 1995 (#S20150) for
20,117,674 Mcf (the "CSS Agreement");
2. Shipper has notified Company that it desires to extend the term of
the September FT Agreement, the November FT Agreement, the FT-NN Agreement, and
the CSS Agreement as provided below.
AGREEMENTS:
In consideration for the premises and the mutual promises and covenants
contained herein, the parties agree as follows:
1. Section 4.1 of the September FT Agreement shall be deleted in its
entirety and the following Section 4.1 substituted therefor:
4.1 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 February 28, 1999,
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 60 days prior to the end of the
primary term or any subsequent yearly extension.
2. The First Revised Exhibit E to the September FT Agreement shall be
deleted in its entirety and the Second Revised Exhibit E attached hereto shall
be substituted therefor.
3. Section 4.1 of the November FT Agreement shall be deleted in its
entirety and the following Section 4.1 substituted therefor:
4.1 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 the following
dates: (a) April 30, 2007, for 110,905 Mcf per day of
Transportation Demand and June 30, 2007, for 1,000
Mcf per day of Transportation Demand and shall
continue and remain in force and effect for
successive terms of one year each after the end of
each primary term for the specified volume, unless
and until canceled with respect to the associated
volume by either party giving 180 days written notice
to the other party prior to the end of the specified
primary term or any yearly extension thereof; (b)
February 29, 2000, for 21,139 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 60
days prior to the end of the primary term or
subsequent yearly extention; and (c) February 28,
1999, for 122,768 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 60 days prior
to the end of the primary term or subsequent yearly
extension.
4. Section 4.1 of the FT-NN Agreement shall be deleted in its entirety and
the following Section 4.1 substituted therefor:
4.1 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 the following
dates: (a) February 29, 2000, for 24,133 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 60 days prior to the end of the primary term or
subsequent yearly extension; and (b) February 28,
1999, for 382,089 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 60 days prior
to the end of the primary term or subsequent yearly
extension.
5. Section 4.1 of the CSS Agreement shall be deleted in its entirety and
the following Section 4.1 substituted therefor:
4.1 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 the following
dates: (a) February 29, 2000, for 1,195,179 Mcf per
day of Maximum Storage Quantity 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 60 days prior to the end of the primary term or
subsequent yearly extension; and (b) February 28,
1999, for 18,922,495 Mcf per day of Maximum Storage
Quantity 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 60 days prior
to the end of the primary term or subsequent yearly
extension.
6. Except as provided herein, the September FT Agreement, the November
FT Agreement, the FT-NN Agreement, and the CSS Agreement shall remain in full
force and effect as written.
7. 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 matter hereof.
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: Xxxxx X. Xxxxxx By: Xxxxx X. Xxxxxx, Xx.
Title: Vice President Title: President
ATTEST: ATLANTA GAS LIGHT COMPANY
By:__________________________ By: Xxxxxx X. Xxxxxx
Title:_______________________ Title: Executive Vice President and Chief
Operating Officer
Service Agreement No. 902470
SECOND REVISED
EXHIBIT E
DISCOUNT INFORMATION
Discounted Rates:
(1) The Reservation Charge under this Agreement shall be $10.50/Mcf;
(2) The applicable GSR Cost Surcharge and GSR Volumetric Surcharge shall be
capped at 50% each;
(3) All other surcharges shall be assessed at full rate under this
Agreement.
Discounted Rate Effective from 3/1/95 to 2/28/99
/s/ Xxxxxx X. Xxxxxx /s/ Xxxxx X. Xxxxxx, Xx.
ATLANTA GAS LIGHT COMPANY SOUTHERN NATURAL GAS COMPANY
