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HomeMy WebLinkAbout91-40 .. . f .1\ THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 91-40 being a by-law to amend By-law 88-102, a by-law to authorize the entering into of an agreement between Gaspurchase Direct Limited WHEREAS the Council of the Corporation of the Town of Newcastle deems it expedient to amend By-law 88-102, being a by-law to authorize the entering into of an agreement between Gaspurchase Direct Limited and the Corporation of the Town of Newcastle: and WHEREAS ECNG Inc. has now taken over the management of Gaspurchase Direct Limited: NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be authorized to execute on behalf of the Corporation of the Town of Newcastle, and seal with the Corporate seal, an amending agreement between ECNG Inc. and the Corporation of the Town of Newcastle, dated this 25th day of February 1991, attached hereto as Schedule "A" and forming part of this by-law. By-law read a first and second time this 25th day of February 1991 By-law read a third time and finally passed this 25th day of February 1991 , ... ,.... SCHEDULE IIAII TO BY -LAW 91-40 AGENCY APPOINTMENT TO WHOM IT MAY CONCERN including, without limitation the following Natural Gas local Distribution Company: The Consumers' Gas Company ltd., For valuable consideration, THE CORPORATION OF THE TOWN OF NEWCASTLE (the Legal Name of "Gas User") hereby acknowledges and agrees that ECNG Inc. (the "Agent") is the agent of the Gas User to take any action or do anything (including, without limitation, any Authorized Action as defined below) in connection with any and all arrangements (collectively, "Direct Purchase Arrangements") which involve either the purchase or sale of natural gas by, for or on account of one or more parties including the Gas User. In this document" Authorized Action" means any and all of (i) negotiating, entering into and executing any document or agreement in connection with any Direct Purchase Arrangements and (ii) performing or releasing obligations under, exercising rights or privileges under, making nominations as to volumes of gas to be taken or delivered under, receiving or distributing any amounts payable under, amending and terminating any Direct Purchase Arrangements. All parties to any Direct Purchase Arrangements shall be entitled to rely upon any act or thing done, or document executed, by the Agent in connection with or arising out of Direct Purchase Arrangements and all matters relating or incidental thereto in the same manner and as though such act or thing had been done, or such document had been executed, by the Gas User. The foregoing provisions of this document shall be binding on the Gas User and its successors and shall enure to the benefit of the Agent and each party to any Direct Purchase Arrangements and their respective successors and shall continue in effect for the benefit of any such party until written notice of termination of the arrangements set out herein is received by such party from the Gas User, provided that no act or thing done, or document executed by ECNG Inc. prior to the actual receipt of any such notice of termination shall be affected by such notice. The Gas User acknowledges that if a natural gas local distribution company (the "LDC") enters into an agreement pursuant to which the LDC agrees to purchase volumes of natural gas which are in whole or in part referable to or based on volumes of gas (the "Gas User's Gas Volumes") purchased or anticipated to be purchased from the lDC by the Gas User and delivered or anticipated to be delivered to a service location identified in such agreement, then so long as such agreement is in effect the LDC will not enter into any other agreement providing for the purchase from the Gas User, or the transportation for the Gas User, by the lDC of volumes of gas which are referable to or based on the Gas User's Gas Volumes. .../2 CGL-PA.MST Oct.17/90 . ' -2- The Gas User agrees that it is responsible for the purchase of gas delivered to each of the locations listed in Schedule A attached hereto. The document shall be effective on and from the date set out below and shall be governed by the laws of Ontario. DATED this~day of rE5R'UH'( ,1991. THE CORPORATION OF THE TOWN OF NEWCASTLE (Legal Name of Gas User) by: or e' e of Signatory) . L. t3A~RIIE"J 16v1N ~~c:~1<..- CGL-PA.MST Oct.17/90 . ",' ~. .. "'" '. . 1 SCHEDULE "A" CORPORATION OF THE TOYN OF NEUCASTLE CONTRACTI SERVICE LOCATION ACCOUNT NUMBER Martin Road Newcastle 996712 132 Church Street Bowmanville 0545 3010 8010 L 1C 115 40 Temperance Street Bowmanville 0545 3088 4826 l1 C 3A6 Church Street Orono 0545 2002 9022 lOB 1MO Martin Road Bowmanville 0545 4552 6516 l1C 4B3 49 liberty Street North Bowmanville 0545 3055 4814 l1 C 214 37 Silver Street Bowmanvi lle 0545 3084 2711 l1C 3C4