Amendatory Agreement
This Amendment is entered into this 23rd 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 extension; 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:
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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
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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: /S/ Xxx X. Xxxxxx By: /S/ Xxxxx X. Xxxxxx, Xx.
Vice President Title: President
ATTEST: ATLANTA GAS LIGHT COMPANY
BY: /S/ Xxxxxxx X. Xxxxx BY: /S/ Xxxxxx X. Xxxxxx
Title: Corporate Secretary Title: Executive Vice President and
Chief Operating Officer
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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) AR other surcharges shall be assessed at full rate under this Agreement.
Discounted Rate Effective from 3/l/95 to 2/28/99
/S/ Xxxxxx X. Xxxxxx /S/ Xxxxx X. Xxxxxx, Xx.
ATLANTA GAS LIGHT COMPANY SOUTHERN NATURAL GAS COMPANY
