EXHIBIT 10.8
GAS PURCHASE CONTRACT #36-1599
THIS CONTRACT made and entered into as of May 1, 2001 by and between Xxxxxx
Xxxxxx Texas Pipeline, L. P., hereinafter referred to as BUYER, and Moose
Operating Co., Inc., hereinafter referred to as SELLER.
W I T N E S S E T H:
--------------------
WHEREAS, BUYER desires to purchase from SELLER certain quantities of
natural gas; and
WHEREAS, SELLER has a supply of gas available for sale to BUYER and desires
to sell such gas to BUYER;
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants and agreements herein contained, the parties hereto covenant and agree
to the sale and purchase of natural gas under this Contract in accordance with
the terms set forth below and in the attached "TERMS AND CONDITIONS".
ARTICLE I
COMMITMENT AND QUANTITY
1.1 Each and every day during the Primary Term, SELLER agrees to dedicate
to the performance of this Contract one hundred percent (100%) of the gas that
SELLER owns or has the right to market that is available at the delivery point
described on the attached LIST OF DELIVERY POINTS (Delivery Point).
1.2 Each month during the Primary Term, SELLER shall notify BUYER of the
quantity of gas that SELLER expects to deliver at each Delivery Point described
in the attached LIST OF DELIVERY POINTS each day during the next succeeding
month (Daily Contract Quantity). The maximum quantity which SELLER can tender
at each Delivery Point is shown on the LIST OF DELIVERY POINTS (Maximum Daily
Quantity). Such notice shall be given to BUYER at least three (3) business days
prior to the first day of the month. Subject to the other provisions hereof, on
each day during the term hereof, SELLER shall deliver and sell, and BUYER shall
receive and purchase, the Daily Contract Quantity on a firm basis.
1.3 On any day during the Primary Term, SELLER may have available for sale
hereunder more than the Daily Contract Quantity (Excess Gas); however, the sum
of Daily Contract Quantity and Excess Gas shall not exceed Maximum Daily
Quantity. SELLER shall notify BUYER of the quantity of Excess Gas which SELLER
expects to deliver at the Delivery Point described in the attached LIST OF
DELIVERY POINTS. If for any Period of Delivery SELLER elects to sell Excess Gas
to BUYER and BUYER elects to purchase Excess Gas from SELLER, SELLER shall
deliver and sell Excess Gas and BUYER shall receive and purchase Excess Gas on a
firm basis.
1.4 SELLER agrees to deliver 292,000 MMBtu (Commitment Quantity) to BUYER
on or prior to the end of the Primary Term. If SELLER fails to deliver the
Daily Contract Quantity on any day during the Primary Term for reasons excused
by events of force majeure, the Primary Term shall be extended by the total
number of such force majeure days to allow SELLER to deliver the Commitment
Quantity. If at the end of the Primary Term a volume equal to the Commitment
Quantity has not been delivered by SELLER, then SELLER shall pay an amount equal
to $0.135 per MMBtu times the difference obtained by subtracting the volume
actually delivered to BUYER from the Commitment Quantity (Reimbursement Amount).
BUYER shall invoice SELLER for such amount and SELLER shall render BUYER payment
within thirty (30) days from the date of BUYER's invoice.
1.5 If SELLER fails to deliver any volume of gas for any reason, including
events of force majeure, for a period of ninety (90) days, BUYER shall invoice
SELLER for the Reimbursement Amount, if any, as of the end of such ninety (90)
day period and SELLER shall render BUYER payment within thirty (30) days from
the date of BUYER's invoice.
ARTICLE II
PRICE
2.1 The total price, dry basis, payable for each MMBtu of gas delivered
and received under this Contract during any month during the term of this
Contract shall be ninety-three percent (93%) of the Index, with Index defined as
the first price which can be determined by references to the reported prices in
the following publications in descending order of priority.
2.1.1 First issue of Inside F.E.R.C.'s Gas Market Report published in
the month of production, DELIVERED SPOT-GAS PRICES - Houston
Ship Channel/Beaumont, Texas
2.1.1.1 index (large packages only); if not available, then
2.1.1.2 large packages (at least 3,500 Mcf/day); simple
average of range shown; if not available, then
2.1.1.3 small packages (less than 3,500 Mcf/day); simple
average of range shown; if not available, then
2.1.2 First issue of Natural Gas Intelligence Gas Price Index
published in the month of production under the heading
"California Border & Non-Utility End-User Citygate Tables"
for Eastern Texas, Houston Ship Channel, Bidweek Average.
2.2 If SELLER makes available to BUYER the Commitment Quantity, in
accordance with Article 1, prior to the end of the Primary Term of the Contract,
or SELLER has paid BUYER the Reimbursement Amount, in accordance with Article 1,
the total price, dry basis, payable for each MMBtu of gas delivered and received
under this Contract during the remainder of the Primary Term and month to month
thereafter shall be ninety-six percent (96%) of the Index, as defined above.
2.3 Notwithstanding the provisions of 2.1, if SELLER commences initial
delivery of gas under this Contract on a day that is other than the first day of
a calendar month, the total price, dry basis, payable for such month only for
gas delivered and received under this Contract shall be a price equal to ninety-
three percent (93%) of the price published in each days issue of Gas Daily for
such month under the heading Daily Price Survey for "East-Houston-Katy" for
"Houston Ship Channel" under the column "Midpoint" (Gas Daily Price). For gas
delivered on a Saturday or Sunday, the Gas Daily Price for the following Monday
shall be used.
2.4 The total price, dry basis, payable for each MMBtu of Excess Gas
delivered and received under this Contract shall be a price equal to ninety-
three percent (93%) of the Gas Daily Index.
ARTICLE III
NOTICE
3.1 Any notice required herein shall be deemed to have been properly served
if deposited in U.S. Mail, postage paid, or sent by telephonic
facsimile to the addresses stated as follows:
Name of SELLER: Moose Operating Co., Inc.
Address for notices: 000 Xxxxxx, Xxxxx 0000
Xxxxxxx, Xxxxx 00000
Attn: Xxxx X. Xxxxxxxxxxx
Address for payments: 000 Xxxxxx, Xxxxx 0000
Xxxxxxx, Xxxxx 00000
Name of BUYER: Xxxxxx Xxxxxx Texas Pipeline, L.P.
Address for notices: P. O. Xxx 000
Xxxxxxx, Xxxxx 00000-0000
Attn: Contract Administration
Telefax No. 713/369-9395
Address for accounting X.X. Xxx 000
xxxxxxxxxx xxx Xxxxxxx, Xxxxx 00000-0000
invoices: Attn: Gas Accounting Department
Telefax No. 713/369-9395
Should this information change, each party shall notify the other accordingly in
writing.
ARTICLE IV
TERM
4.1 This Contract shall become effective on the date first hereinabove
written and remain in effect for a term of three (3) years from the first day of
the month following the month of initial delivery (Primary Term) and shall
continue month to month thereafter until terminated by either party upon thirty
(30) days' prior written notice. BUYER and SELLER recognize that the Primary
Term may be extended as provided in Article I of this Contract. BUYER and SELLER
also recognize that this Contract may be terminated as provided in Paragraph 4
of the TERMS AND CONDITIONS of this Contract.
ARTICLE V
FACILITIES
5.1 BUYER shall install, or cause to be installed, a two inch (2") side
tap and valve assembly, a two inch (2") meter tube, electronic flow measurement
equipment and other related equipment on BUYER's Index 50-30" pipeline to
receive gas from SELLER. SELLER shall install, or cause to be installed, all
necessary pipeline, pipeline rights-of-way and related facilities that are
required to deliver gas to BUYER.
END OF CONTRACT
SIGNATURE PAGE FOR
GAS PURCHASE CONTRACT
BETWEEN
XXXXXX XXXXXX TEXAS PIPELINE, L. P.
AND
MOOSE OPERATING CO., INC.
Xxxxxx Xxxxxx Texas Pipeline, L. P.
By: Xxxxxx Xxxxxx Texas Pipeline GP LLC
By: /s/ Xxxxx X. Xxxx
-----------------------------------
Name: Xxxxx X. Xxxx
---------------------------------
Title: President
--------------------------------
BUYER
Moose Operating Co., Inc.
By: /s/ Xxxx X. Xxxxxxxxxxx
-----------------------------------
Name: Xxxx X. Xxxxxxxxxxx
---------------------------------
Title: President
--------------------------------
SELLER
LIST OF DELIVERY POINTS
(BUYER Contract No. 36-1599)
MAXIMUM
POINT RECEIVING QUANTITY
DELIVERY POINT(S) DESCRIPTION ID PIPELINE MMBtu/D
--------------------------------------------------- ---------------- ------------------- --------------------
Xxxxxx #1 well/Lavaca County, Texas To be BUYER 2,500
determined
LIST OF XXXXX
(BUYER Contract No. 36-1599)
Is BUYER the first purchaser? [Check one] NO X YES
--- ---
If yes, provide the following information:
DELIVERY POINT ON OR IS GAS COMMINGLED WELL
STATE OFF LEASE? PRIOR TO DELIVERIES? TYPE
WELL ID LEASE ID DELIVERY POINT [ON/OFF] [YES/NO] GAS WELL/OIL WELL
------------ ------------------ -------------- --------------------- -------------------- -----------------
Xxxxxx #1 API. #00-000-00000 Off No Gas
The production from these xxxxx is eligible for the following Tax Exemption
Credits:
The following Marketing Cost Deductions are available in computation of
Production Taxes:
TERMS AND CONDITIONS
FOR CONTRACT NO. 36-1599
1. TRANSPORTATION: SELLER shall arrange and pay for transport to the Delivery
Point(s) and BUYER shall arrange and pay for transport subsequent to the
Delivery Point(s).
2. DELIVERY POINT(S): Mutually agreeable point(s) which shall be identified in
writing in an effective Purchase Order, Price Confirmation, Confirmation Letter
or the attached LIST OF DELIVERY POINTS, as applicable, shall be the Delivery
Point(s).
3. HEATING VALUE: The Btu content shall be determined on a 14.73 psia,
60(degrees)F, dry basis.
4. QUALITY AND PRESSURE: SELLER agrees that all gas delivered at the Delivery
Point(s) hereunder shall be merchantable gas which meets all pressures required
by BUYER and conforms to all quality specifications as listed below:
(1) The gas shall be free of water and other objectionable liquids at the
temperature and pressure at which the gas is delivered to BUYER and
the gas shall not contain any hydrocarbons which might condense to
free liquids in the pipeline under normal pipeline conditions and
shall in no event contain water vapor in excess of seven (7) pounds
per one million (1,000,000) cubic feet, measured at fourteen and
seventy-three hundredths pounds per square inch absolute (14.73 psia)
at a standard temperature of sixty degrees Fahrenheit (60(degrees)F).
(2) The gas shall not contain more than one-quarter (1/4) grain of
hydrogen sulphide per one hundred (100) cubic feet as determined by
quantitative methods in general use within the natural gas industry.
(3) The gas shall not contain more than two (2) grains of total sulphur
per one hundred (100) cubic feet as determined by quantitative methods
in general use within the natural gas industry.
(4) The gas shall not contain more than one-quarter (1/4) grain of
mercaptans per one hundred (100) cubic feet as determined by
quantitative methods in general use within the natural gas industry.
(5) The gas shall not contain in excess of:
(a) two percent (2%) by volume of carbon dioxide (CO\\2\\);
(b) ten parts per million (10ppm) by volume of oxygen (O\\2\\);
(c) three percent (3%) by volume of nitrogen (N\\2\\);
(6) The gas shall contain no carbon monoxide, halogens or unsaturated
hydrocarbons and not more than four hundred parts per million (400
ppm) of hydrogen.
(7) The gas shall have a temperature of not more than one hundred and
twenty degrees Fahrenheit (120(degrees)F) and not less than forty
degrees Fahrenheit (40(degrees)F).
(8) The gas shall contain a daily average heating content of not less than
nine hundred seventy-five (975) Btu per cubic foot and not more than
one thousand one hundred seventy-five (1,175) Btu per cubic foot at
14.73 psia, dry.
(9) The gas shall be commercially free from dust, gum, gum-forming
constituents, or other objectionable liquid or solid matter which
might become separated from the gas in the course of transmission
through pipelines.
If the gas fails to meet the foregoing specifications, BUYER may suspend
the receipt thereof immediately but shall provide notice to SELLER of such
suspension as soon as practicable.
If at any xxxx XXXXXX is unable to deliver gas at the required pressure,
SELLER shall have the right, but not the obligation to compress the gas to make
deliveries hereunder. If SELLER elects to compress, it is agreed that SELLER
may discontinue compression at any time that it becomes, in SELLER's sole
judgment, uneconomical by giving BUYER ninety (90) days prior written notice.
If SELLER shall have elected not to compress, or having elected to
compress, shall elect to discontinue compression of gas hereunder, then BUYER
shall have the right, but not the obligation to compress such gas at BUYER's
sole cost and expense. If BUYER elects to compress, it is agreed that BUYER may
discontinue compression at any time that it becomes, in BUYER's sole judgment,
uneconomical by giving SELLER ninety (90) days prior written notice.
If neither party elects to compress then either party may terminate this
Contract upon thirty (30) days prior written notice.
5. MEASUREMENT: Measurement of gas purchased hereunder shall be made at the
Delivery Point(s) in accordance with procedures specified by BUYER.
6. XXXXXXXX AND PAYMENTS: If necessary, SELLER will furnish or designate a
representative to furnish, on SELLER's behalf, to BUYER on or before the
fifteenth (15th) day of each calendar month an allocation statement setting
forth the respective volumes of the total quantity of gas received by BUYER at
the Delivery Point(s) during the preceding calendar month which were delivered
by SELLER and each of such other parties from whom BUYER received gas at said
Delivery Point(s). BUYER shall, by the latest of (i) ten (10) days after receipt
of such allocation statement or (ii) the twenty-fifth (25th) day of each month,
render payment to SELLER by electronic funds transfer for the amount due SELLER
for all gas purchased during the preceding calendar month.
7. REQUESTS: SELLER shall cooperate with BUYER in giving notice of changes in
gas deliveries at least twenty-four (24) hours prior to the nomination deadline
of the receiving pipeline (Transporter) at any Delivery Point. As between SELLER
and BUYER, BUYER shall be responsible for, and reimburse SELLER within thirty
(30) days of presentation of SELLER's invoice for, any scheduling, imbalance or
similar penalties, fees, forfeitures or charges imposed by any Transporter as a
result of BUYER's unexcused failure to purchase the quantity of gas properly
nominated. As between SELLER and BUYER, SELLER shall be responsible for, and
reimburse BUYER within thirty (30) days of presentation of BUYER's invoice for,
any scheduling, imbalance or similar penalties, fees, forfeitures or charges
imposed by any Transporter as a result of SELLER's unexcused failure to deliver
the quantity of gas properly nominated by SELLER for BUYER's account or SELLER's
over delivery of gas.
8. WARRANTIES: SELLER warrants that SELLER has good title to all gas so
delivered, that SELLER has the right to sell such gas to BUYER, and that such
gas shall be free from all royalties, liens, encumbrances, and that all
applicable taxes that are imposed upon the production and/or removal of gas
prior to passage of title have been or will be paid by SELLER. SELLER agrees to
indemnify BUYER and save BUYER harmless from all suits, actions, debts,
accounts, damages, costs, losses, and expenses arising from or out of adverse
claims of any or all persons to said gas or to royalties, taxes, license fees,
or charges thereof which are applicable before the title passes to BUYER or
which may be levied or assessed upon the sale thereof to BUYER. SELLER further
warrants that the gas to be sold hereunder has been transported to the Delivery
Point in accordance with all applicable laws, rules, regulations, and orders of
all local, state, and federal authorities. BUYER may withhold proceeds to
SELLER to the extent of an adverse third-party claim to the gas or the proceeds
until such claim is finally determined, unless SELLER provides a surety bond or
other assurance satisfactory to BUYER providing for BUYER's protection. SELLER
also warrants that all gas delivered and sold hereunder was produced in the
State of Texas.
9. TITLE: Title to gas shall pass at the Delivery Point(s). SELLER shall pay
or cause to be paid all royalties, taxes or other sums due on production and
transportation of the gas to the Delivery Point(s). SELLER shall be in full
control and possession of the gas and responsible for any damage or injuries
caused thereby until the gas is delivered to BUYER or its designee at the
Delivery Point(s) except for injuries and damage which shall be caused by the
negligence or willful
misconduct of BUYER. BUYER shall be fully responsible after gas is delivered to
the Delivery Point(s) except for injuries and damage caused by the negligence or
willful misconduct of SELLER.
10. REGULATIONS: This sale is subject to all applicable governmental laws and
regulations. SELLER warrants that the sale of its gas is in compliance with all
applicable laws and regulations.
11. FORCE MAJEURE: If performance by either party of any of its obligations
hereunder (other than BUYER's obligation to pay for gas delivered) is prevented
or delayed by force majeure, it is agreed that such party will give notice and
full particulars as soon as possible, and the obligations so affected shall be
suspended during the continuance of the prevention or delay so caused, and the
party affected shall not be liable to the other party in damages or otherwise by
reason thereof. The term "force majeure" as herein used means and includes
fire, explosion, storms or storm warnings, adverse action of the elements,
strikes or other labor difficulties, restriction or restraint imposed by law or
by regulation or order of duly constituted governmental authority, freezing of
well(s) or lines of pipe, acts of the public enemy, breakdown of, or accident to
facilities or equipment, inability to obtain necessary materials, equipment or
rights-of-way on customary terms, discontinuance or non-performance under any
firm third-party transportation arrangements or treating arrangements affecting
the gas subject hereto (which the party arranging same shall use its reasonable
efforts to remedy with all reasonable dispatch; provided however, nothing in
this Contract shall require the arranging party to accept any terms and
conditions for transportation or treating of gas which in its judgment are
unacceptable; provided further, if such party has not remedied the lack of
transportation or treating arrangements within sixty (60) days from the date
transportation or treating ceases, the other party may, at its sole option and
as its sole remedy, terminate this Contract) and any other cause that is
reasonably beyond control of the party affected thereby, whether or not similar
to any cause above enumerated. Upon the occurrence of an event constituting
force majeure, the same shall, so far as possible, be remedied with all
reasonable dispatch; provided, however, neither party shall be obligated to
remedy such force majeure by replacement of well(s), lines, and pipeline or
other related production or gathering facilities if, in its sole discretion,
exercised in good faith, it is not economically feasible to replace such
facilities. The settlement of strikes or other labor difficulties shall be
entirely within the discretion of the party having the difficulty, and the above
requirement that any force majeure shall be remedied with all reasonable
dispatch shall not require the settlement of strikes or other labor difficulties
by acceding to the demands of any opposing party therein when such course is
inadvisable in the discretion of the party having the difficulty.
12. ASSIGNMENT: This Contract shall be binding on the successors and assigns of
the parties in the manner set out below. BUYER may assign this Contract in whole
or in part so long as written notice is promptly given to SELLER, and BUYER
shall be relieved of any obligations under this Contract to the extent that
BUYER's assignee is thereafter responsible for their performance. If SELLER
assigns either in whole or in part its interests under this Contract, this
Contract shall extend to, and be binding upon, SELLER's successors and assigns
as follows: (i) Should SELLER assign one hundred percent of its interests to any
one party, that party shall succeed to the status of SELLER under the Contract
effective the first day of the production month in which written notice with a
copy of such assignment is given to BUYER by that party. By such notice, that
party assumes SELLER's obligations under the Contract on such first day and
indemnifies BUYER against claims resulting from payment to that party or any
agent designated by that party, and such party agrees to execute additional
documents requested by BUYER to recognize such assumption and indemnification;
(ii) Should SELLER assign its interest in part to more than one party, only one
party may succeed to the status of SELLER under the Contract. The parties
thereafter owning interests shall designate the entity to act as SELLER within
fifteen (15) days of giving notice to BUYER of such assignment. Such succession
to the status of SELLER hereunder will be effective the first day of the month
in which BUYER receives written notice of the assignment. If no agreement as to
the new SELLER is reached within fifteen (15) days of notice to BUYER of such
assignment, BUYER may, at its option, terminate this Contract. BUYER may
suspend payments for gas hereunder without interest until execution by such
other party of an agreement under which that party assumes SELLER's obligations
under the Contract and sets out instructions for payment and indemnifies BUYER
against claims resulting from payment to that party or any agent designated by
that party.
13. AUDIT: BUYER or SELLER shall have the right, at its sole expense and during
normal working hours, to audit the accounts and records of the other party to
the extent necessary to verify the volumes and charges pursuant hereto. Such
rights to audit shall be in force during the term of this Contract and two (2)
years thereafter. No change to any payment or to the volumes or heating value
underlying such payment shall be made more than two (2) years after the making
of such payment, nor shall any suit, action or proceeding be commenced with
respect to any payment or the volumes or heating value underlying such payment
more than two (2) years after the making of such payment.
14. WAIVER: The failure of either party to exercise any right granted hereunder
shall not impair, nor be deemed to be a waiver of, such party's privilege of
exercising such right at any subsequent time or times.
15. TAXES: The Contract Price is inclusive of all royalties, production taxes,
severance taxes, ad valorem taxes, or other sums now or hereafter levied on the
production or transportation of the gas prior to its delivery to or for the
account of BUYER. All such taxes shall be borne and paid exclusively by SELLER
and SELLER shall provide proof of same upon request; provided however, that if
state law requires or if SELLER fails to timely pay such taxes, then BUYER shall
remit such taxes to the collecting authority. SELLER shall timely provide BUYER
with all necessary information for timely calculating such taxes. BUYER shall
deduct from payments due hereunder the taxes so paid on behalf of SELLER, plus
any interest and penalties paid as a result of SELLER's failure to timely pay
such taxes. If BUYER cannot recover the full amount in the following month's
invoice, BUYER may invoice SELLER up to the full amount and SELLER shall pay
BUYER such amount within fifteen (15) days after receipt of such invoice. If at
anytime during the term of this Contract, any governmental authority shall
impose new, increased or subsequently applicable tax(es) on natural gas measured
by its volume, Btu content, carbon content, value or sales price, that in the
sole judgment of either party imposes an undue burden on it, then such affected
party may cancel and terminate this Contract upon prior written notice to the
other party without any liability hereunder, other than the liability to
discharge obligations theretofore accrued hereunder.
16. TAX REPORTS: SELLER warrants that BUYER is not the first purchaser of the
gas production hereunder; provided however that if BUYER is the first purchaser
of the gas production hereunder, SELLER agrees to provide BUYER with the
information requested on the attached LIST OF XXXXX for each well from which gas
is to be delivered hereunder at the time of execution of this Contract or within
ten (10) days after any change which makes the information contained on such
LIST OF XXXXX inaccurate. SELLER warrants the accuracy of the information
contained on such LIST OF XXXXX. SELLER further agrees that BUYER shall be
permitted to withhold payments hereunder without interest until all information
requested on LIST OF XXXXX has been supplied.
17. CONFIDENTIALITY: The terms of this Contract, including but not limited to
the price paid for gas, the identified transporting pipelines (if any) and cost
of transportation, the volumes of gas purchased or sold or to be purchased and
sold, and all other material terms of this Contract shall be kept confidential
by the parties hereto, except to the extent that any information must be
disclosed to a non-signatory as required by law or for the purpose of
effectuating transportation of the gas subject to this Contract.
18. ENTIRE CONTRACT: The Contract, Terms and Conditions and the Purchase
Order(s), Price Confirmation(s) or Confirmation Letter(s) constitute the entire
Contract between the parties. No promises, agreements or warranties in addition
to the Contract shall be deemed a part thereof, nor shall any alteration or
amendment of this Contract be effective, unless the Contract is amended in
writing.
19. APPLICABLE LAW. The laws of the State of Texas shall govern the validity,
construction, interpretation and effect of the Agreement, excluding, however,
the laws thereof governing the conflicts of law.
20. NO THIRD PARTY BENEFICIARIES: It is the specific intention of the parties
hereto that the provisions of this Contract shall not impart rights enforceable
by any person, firm or organization not a party or not a successor or assignee
of a party to this Contract and, therefore, that there be no third party
beneficiaries to this Contract
21. LIQUIDS AND LIQUEFIABLES: SELLER shall have the right to retain any and all
liquids and liquefiables extracted from the gas prior to its delivery at the
Delivery Point, and BUYER shall have the right to retain all liquids and
liquefiables which may be extracted downstream of the Delivery Point.
22. SPECIAL DAMAGES WAIVER: THE PARTIES WAIVE ALL PUNITIVE, SPECIAL, EXEMPLARY
OR CONSEQUENTIAL DAMAGES FOR ANY BREACH OF THIS CONTRACT.
23. GRANT OF EASEMENT: BUYER, or BUYER's designee, shall, insofar as SELLER is
able to convey such rights, have an easement and servitude on any leaseholds or
premises of SELLER located at or in the immediate area of the Delivery Point(s)
for installing, operating and maintaining equipment, with the right to remove
the same before or within a reasonable time after the expiration of this
Contract, and have the right to operate, inspect and test equipment,
and, at all times, have the right to free access to any part of SELLER's
leaseholds or premises located at or in the immediate area of the Delivery
Point(s) for any purpose connected with any matter or thing covered by this
Contract.
END OF TERMS AND CONDITIONS
