1. Nature of Service: Seller, Tiger, Inc., agrees to sell and Buyer,
, agrees to purchase and receive natural gas to serve 100% of the gas requirements for location indicated in the form of guaranteed supply on a Firm basis.
2. Term: Term of this Agreement shall commence and become effective the date of this contract or date of first gas deliveries available thereafter for 36 months, with yearly renewals thereafter unless canceled by either party upon 60 days written notice prior to yearly renewal.
3. Quantity: Seller shall deliver or cause to be delivered to Buyer all natural gas requirements each month during the term including applicable LDC shrinkage. Price: The sale price shall be NGI Bidweek Survey index for California PG&E Citygate plus $.
per MMBtu, based on historical usage with option to trigger fixed price for a fixed volume. Shortage/surplus gas will be bought/sold and priced at Gas Daily PG&E Citygate absolute high/low during the delivery month, unless otherwise agreed to by both parties. Oral transactions shall be considered legally binding. A written Transaction Confirmation shall be executed by both parties after the oral transaction to confirm the parties agreed upon terms. There will be a $.00 per day customer fee passed to Buyer for having Tiger’s charges attached to PG&E’s bill. Delivery Point: The point of delivery shall be PG&E Citygate. Tiger shall be responsible to purchase and pay for the firm transportation and all other cost associated with the transportation rates for delivery to the Citygate. Title to all gas shall pass from Seller to Buyer at the delivery point.
4. Quantity and Measurement: All gas shall be measured in accordance with currently acceptable industry standards and shall meet the quality and BTU specification of the transporting pipelines.
5. Warranty of Title: Seller warrants its title and right to sell all natural gas delivered here under and warrants that such gas shall be free and clear from liens and adverse claims and is in conformity with all valid laws, order, rules and regulations of duly constituted authorities having jurisdiction.
6. Billing and Payment: Seller uses PG&E Consolidated Billing to bill and collect from Buyer. Seller’s charges and applicable taxes will be included as separately identifiable charges on the Buyer’s PG&E bill. Buyer shall render payment for combined PG&E and Seller charges to PG&E. Bills for service are due and payable upon presentation and will be considered past due if payment is not received by PG&E within 15 days after the bill is transmitted. If payment is not made by the Buyer within 15 days, Seller reserves the right to separately bill interest on the unpaid balance at the rate of 1.5% per month (18% annualized rate) from the past due date until the past due balance is received. If Buyer fails to pay thirty (30) days after payment is due, Seller, in addition to any other remedy it may have hereunder, may suspend further delivery of gas until such amount is paid in full.
7. Force Majeure: Neither party hereto shall be liable for any failure or performance due to causes beyond its reasonable control, the occurrence of which could not have been prevented by the exercise of due diligence, such as acts of God, acts of the other party, acts of civil or military authority, fires, strikes, floods, epidemics, war or riot.
8. Assignment: This contract may not be assigned without the written consent of both parties. Such consent shall not be unreasonably withheld or delayed.
Governing Laws: This contract shall be governed by the laws of the State of Oklahoma. Taxes: The price shall include taxes imposed prior to the delivery point. All other taxes shall be passed through to Buyer unless Seller is supplied an appropriate city, state or federal certificate of tax-exemption . Liability: Seller, TIGER, shall be liable for furnishing all gas requirements for Buyer on a firm basis (as outlined above), along with providing nomination data. During periods of PG&E gas system constraints, Buyer may be required to purchase/sell additional gas over their MDQ or baseload amount at then current market price and pass through to Buyer.
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