HomeMy WebLinkAbout91-40
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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
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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
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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