1985-10-28 Regular Meeting - Laserfiche WebLink

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• September 20, 1985 This Agreement is made and 1985 between Air Products Company as Seller. Amendatory Agreement entered into as of the y da of 30 y and Chemicals, Inc. as Buyer and Amoco Ga Witnesseth Whereas, Buyer and Seller entered into a Gas Contract dated August 16, 1968 with amendments dated November 1, 1980 and July 6, 1983 in force (Gas Contract). Buyer and Seller further wish to amend the contract as follows: I. Article I, "Definitions" of the above described Gas Contract shall be amended with the following provision substituted for the original provision: "12. Average Daily Quantity - 2,500 MMBTU from October 1, 1985 to December 1, 1985 and 10,000 MMBTU thereafter. Seller agrees that after December 1, 1985 and through the remaining term of the contract, Buyer may purchase additional volumes of gas from Seller above 10,000 MMBTU as needed for Buyer's facilities." II. Article V, "Price" Paragraph B of the above described contract shall be amended with the following provision substituted for the original provision as amended: "B. Buyer shall pay Seller's cost of gas plus a fee for each MMBTU of gas delivered each month. Such fee shall be equal to ten percent (10%) of Seller's cost of gas. However, the fee for all volumes delivered at the Primary Delivery Point shall not exceed twenty-five cents (25Q). The term "Seller's cost of gas" as used herein shall mean the weighted average cost per MMBTU of gas determined monthly including, but not limited to, amounts paid to producers, pipelines and other suppliers of gas to Seller, including affiliates of Seller, all taxes, tax reimbursement, transportation charges paid by Seller to others, amortized costs of gathering lines and related equipment installed or acquired after January 1, 1982 for gas ultimately delivered to Seller's pipeline system (monthly amortization to