HomeMy WebLinkAbout97-237 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 97-237
Being a By-law to authorize a contract between the Corporation
of the Municipality of Clarington and the most responsive
bidder meeting all terms and conditions of RFP97-9, and in
accordance with any future recommendation of the Durham
Purchasing Co-operative Group, for the Direct Purchase of
Natural Gas.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY
ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington, and seal with the Corporation Seal,
a Contract between the most responsive bidder meeting all terms and conditions of
RFP97-9, and said Corporation; and
2. THAT this agreement attached hereto as Schedule "A" form part of this By-law.
By-law read a first and second time this 27 day of October, 1997.
By-law read a third time and finally passed this 27 day of October, 1997.
Mayor
1
,jerk
AGENCYAGREEMENT
THIS Agreement made as of the 30th day of March, 1998.
BETWEEN.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON,
(hereinafter called the "End User")
AND
A.E. SHARP LIMITED, (hereinafter called"Sharp')
The End User hereby agrees to participate in a natural gas arrangement(the "Direct
Purchase') administered by Sharp for the benefit of the End User. The End User hereby appoints Sharp
as its exclusive agent to enter into, manage and administer, on the End User's behalf, all contracts
necessary to implement the Direct Purchase for the Term defined hereunder including without limitation,
agreements for the purchase, transportation and distribution of gas. The End User agrees that the terms
and conditions of such contracts shall be binding upon the End User.
A Fee will be paid to Sharp in consideration of its services in connection with the Direct
Purchase. The End User will pay their Local Distribution Company(LDC)bill by the due date. The End
User agrees to indemnify and save harm less Sharp from any costs or damages incurred by Sharp which
are caused by the End User in respect of the Direct Purchase.
Sharp shall no later than 120 days prior to the expiry of the initial or any renewal portion of the
Term notify the End User of its intention to renew or terminate this Agreement. if Sharp intends to renew
this Agreement the End User shall within 30 days of the above notification by Sharp, notify Sharp is the
End User does not wish to renew this Agreement. If the End User does not notify Sharp within 30 days
of the above notification, this Agreement shall be renewed for a subsequent one year period. In the
event that during the Term hereof, the End User sells or otherwise disposes (including by way of lease,
sublease, or license) (the purchaser, lessee, licensee, etc., shall be referred to herein as the
"transferee") of facilities/properties involved in the Direct Purchase (as listed in the Agent Appointment
Letter to the LDC appointing Sharp as exclusive agent), the End User shall so notify Sharp in writing prior
to the effective date of such event. Where practicable, without jeopardizing the transaction, the End User
will attempt to arrange for the assignment of its rights in connection with the Direct Purchase to the
transferee and, where such assignment is possible, the End User will arrange for the assignment of its
rights in connection with the Direct Purchase to the transferee and, as a condition of the transaction,
require the transferee to assume the obligations of the End User associated with the Direct Purchase.
Any notice or other communication under this Agreement shall be in writing(ie. facsimile, mail,
courier etc.) and shall be delivered to the Address for Notices set forth below or to such other address as
may be specified in writing by either party from time to time.
Page 2
As of the date of this Agreement, the following documents constitute the entire Agreement
between Sharp and the End User. In the event of any inconsistency or conflict in the provisions of the
Contract Documents, such provisions shall take precedence in the following order.•
(i) this Agency Agreement,
(ii) complete request for proposal document(The Corporation of the Municipality of
Clarington#RFP97-9)including the completed response by A.E. Sharp Limited together
with the accompanying correspondence dated October 15, 1997,
(iii) Agent Appointment Letter.
For the purpose of this Agreement, the following Direct Purchase conditions shall apply.•
Date of First Deliveries: On or about June 1, 1996.
Term: 36 months following the Date of First Deliveries.
LDC: The Consumers'Gas Company Ltd.
Price of Gas: Strategy to be agreed upon between Sharp and the End User
prior to the Date of First Deliveries.
Sharp's Fee: 0.151¢1m3 ($0.041GJ @ 37.8 MJ/m?)for the first 12 months.
0.132¢/m3($0.0351GJ @ 37.8 MJ/m3) for the second 12 months.
0.113¢/m3 ($0.031GJ @ 37.8 MJ/m?) for the third 12 months.
This Agreement shall be subject to the following special conditions:
• The End User will be placed in a direct purchase contract with the LDC only with members of the
Durham Purchasing Co-operative Group.
• Sharp shall have the attached Schedule "A" (General Terms and Conditions) included in the
contract with the gas supplier. If the general terms and conditions with the gas supplier differ
materially from the Schedule "A'; Sharp shall obtain approval from the End User before executing
the supply contract.
• The locations included in the Direct Purchase arrangement are those listed in the Agent
Appointment Letters to the LDC.
• Sharp will use all commercially reasonable efforts to balance the Banked Gas Account.
• Sharp will attempt to accommodate fuel usage and site location increases and decreases during
the tern of this Agreement.
Page 3
IN WITNESS WHEREOF we have hereunto duly executed this Agreement as of the date hereof.
Dated on the day of 119
THE CORPORATIO OF THE MUNICIPAUTY Address for Notices:
OF CLAR/NGTO .
40 Temperance Street
! Bowmanville, Ontario
Per L1 C 3A6
atti L. arrie, A.M.C.T. Attention: Ms. Lou Ann Birkett
Town Clerk Telephone:(905) 623-3379
Fax. (905) 623-4169
Per
Diane Hamre,
Mayor
A.E. SHARP LIMITED Address for Notices:
i-
Suite 903, 2 Sheppard Avenue East,
Per :� c .J-'� l Willowdale, Ontario.
M2N 5Y7
Paul DuMaresq
Marketing Manager Attention: Marketing Manager
Telephone:(416) 733-2114
Fax. (416) 733-0650
version AAG-27113-Jun-97
AGENT APPOINTMENT LETTER
TO: THE CONSUMERS'GAS COMPANY LTD.,
FROM: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(The"Gas User's
BILLING NAME: CORPORATION OF NEWCASTLE
For valuable consideration,the Gas User hereby appoints A.E. SHARP LIMITED (the"Agent') as the
exclusive agent of the Gas User for those locations listed on the attached Schedule A for purposes of any and all
matters relating to the supply,transportation, delivery or billing of natural gas including Agent Billing and Collection
T-Service (the "Arrangements")through The Consumers'Gas Company Ltd. ("Consumers Gas") including, without
limitation,the negotiation, establishment, documenting, implementation, operation, performance, amendment and
termination of the Arrangements and any related or incidental matters. The Agent is also authorized to appoint any
person,firm or corporation as an agent of the Gas User having any or all of the power and authority which the Agent
is acknowledged to have in this document.
Consumers Gas shall be entitled to rely upon any act or thing done, or document executed, by the
Agent in connection with or arising out of the 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 duly 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 Consumers Gas and its successors and shall continue in effect until written notice of
termination of the arrangements set out herein is received by Consumers Gas from the Gas User, provided that no
act or thing done, or document executed, by the Agent prior to the receipt of any such notice of termination shall be
affected by such notice.
This document shall be effective on and from the date set out below and shall be governed by the laws
of Ontario.
DATED the 15th day of May , 1998
Gas User: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
r
Signature: ors Signature:
(Authorized Signing Officer)
L�/ - ---,
Name: 8isna ge a Name: Patti L. Barrie
Title: Mayor Title: Clerk
SCHEDULE A
FACILITIES
Account Number Address
05-45-30-88485-5 40 Temperance Street, Bowmanville
DATED the 15th day of May ' 199 8 .
r
Gas User: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Signature: Signature
(Authorize Signing Officer) ,-j
Name:
Diane Ham, Mayor Name: tti L Barrie, Clerk
Title: — Title:
AGENT APPOINTMENT LETTER
TO: THE CONSUMERS'GAS COMPANY LTD.,
FROM: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(The"Gas User")
BILLING NAME: FIRE HALL NO. 1
For valuable consideration,the Gas User hereby appoints A.E.SHARP LIMITED (the"Agent') as the
exclusive agent of the Gas User for those locations listed on the attached Schedule A for purposes of any and all
matters relating to the supply,transportation, delivery or billing of natural gas including Agent Billing and Collection
T-Service (the"Arrangements")through The Consumers'Gas Company Ltd. ("Consumers Gas's including, without
limitation,the negotiation, establishment, documenting, implementation, operation, performance, amendment and
termination of the Arrangements and any related or incidental matters. The Agent is also authorized to appoint any
person, firm or corporation as an agent of the Gas User having any or all of the power and authority which the Agent
is acknowledged to have in this document.
Consumers Gas shall be entitled to rely upon any act or thing done, or document executed, by the
Agent in connection with or arising out of the 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 duly 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 Consumers Gas and its successors and shall continue in effect until written notice of
termination of the arrangements set out herein is received by Consumers Gas from the Gas User, provided that no
act or thing done, or document executed, by the Agent prior to the receipt of any such notice of termination shall be
affected by such notice.
This document shall be effective on and from the date set out below and shall be governed by the laws
of Ontario.
DATED the 15th day of May , 1998
Gas User: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Signature: c/s Signature:
(Authorized Signing fficer)
Name: Diane Hamre Name: Patti L. Barrie
Title: Mayor Title: Clerk
SCHEDULE A
FACILITIES
Account Number Address
05-45-80-42251-8-5 2430 Highway 2, Bowmanville
DATED the 15th day of May ' 199 8 .
Gas User: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Signature: cis Signature:
Authorized Signing Officer)
Diane Hamre, Mayor Name: ` atti L Barrie, Clerk
Name:
Title: Title:
AGENT APPOINTMENT LETTER
TO: THE CONSUMERS' GAS COMPANY LTD.,
FROM: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(The"Gas User")
BILLING NAME: FITNESS CENTRE
For valuable consideration, the Gas User hereby appoints A.E. SHARP LIMITED (the"Agent') as the
exclusive agent of the Gas User for those locations listed on the attached Schedule A for purposes of any and all
matters relating to the supply, transportation, delivery or billing of natural gas including Agent Billing and Collection
T-Service (the"Arrangements")through The Consumers'Gas Company Ltd. ("Consumers Gas") including,without
limitation,the negotiation, establishment, documenting, implementation, operation, performance, amendment and
termination of the Arrangements and any related or incidental matters. The Agent is also authorized to appoint any
person, firm or corporation as an agent of the Gas User having any or all of the power and authority which the Agent
is acknowledged to have in this document.
Consumers Gas shall be entitled to rely upon any act or thing done, or document executed, by the
Agent in connection with or arising out of the 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 duly 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 Consumers Gas and its successors and shall continue in effect until written notice of
termination of the arrangements set out herein is received by Consumers Gas from the Gas User, provided that no
act or thing done, or document executed, by the Agent prior to the receipt of any such notice of termination shall be
affected by such notice.
This document shall be effective on and from the date set out below and shall be governed by the laws
of Ontario.
DATED the 15th day of May 11998
Gas User: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Signature: � us Signature:
(Authorize Signing Officer)
Name: Diane Hamre, Mayor Name Patti L Barrie, Clerk
Title: Title:
SCHEDULE A
FACILITIES
Account Number Address
05-45-30-55481-4 49 Liberty Street, Bowmanville
DATED the 15th day of May , 1998
Gas User: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Signature: _c/s Signature
(Authorized Signing Officer)
Name: Mane l (a11'lre, Mayor Name: Patti L Barrie, Clerk
Title: Title:
AGENT APPOINTMENT LETTER
TO: THE CONSUMERS' GAS COMPANY LTD.,
FROM: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(The"Gas User")
BILLING NAME: FIRE STATION NO. 2
For valuable consideration,the Gas User hereby appoints A.E. SHARP LIMITED (the"Agent') as the
exclusive agent of the Gas User for those locations listed on the attached Schedule A for purposes of any and all
matters relating to the supply, transportation, delivery or billing of natural gas including Agent Billing and Collection
T-Service (the"Arrangements")through The Consumers' Gas Company Ltd. ("Consumers Gas") including,without
limitation, the negotiation, establishment, documenting, implementation, operation, performance, amendment and
termination of the Arrangements and any related or incidental matters. The Agent is also authorized to appoint any
person, firm or corporation as an agent of the Gas User having any or all of the power and authority which the Agent
is acknowledged to have in this document.
Consumers Gas shall be entitled to rely upon any act or thing done, or document executed, by the
Agent in connection with or arising out of the 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 duty 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 Consumers Gas and its successors and shall continue in effect until written notice of
termination of the arrangements set out herein is received by Consumers Gas from the Gas User, provided that no
act or thing done, or document executed, by the Agent prior to the receipt of any such notice of termination shall be
affected by such notice.
This document shall be effective on and from the date set out below and shall be governed by the laws
of Ontario.
DATED the 15th day of May ' 199 8
Gas User: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Signature: c!s Signature. ;
(Authorized Signing Officer) LZ
Name: Diane Hamre, Mayor Name: Patti L Barrie, Clerk
Title: Title:
SCHEDULE A
FACILITIES
Account Number Address
05-45-10-70661-3 247 King Street East, Newcastle
DATED the 15th day of May ' 1998
Gas User: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
r.
Signature: _us Signature: X- 0
(Authorized-gig er)
Name: Mane Hamre, Mayor
Name. 6atfi L Ba rrrr ie, Clerk
Title:
Title:
AGENT APPOINTMENT LETTER
TO: THE CONSUMERS'GAS COMPANY LTD.,
FROM: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(The"Gas User")
BILLING NAME: CORPORATION OF THE MUNICIPALITY OF CLARINGTON BOWMANVILLE MUSEUM
For valuable consideration, the Gas User hereby appoints A.E. SHARP LIMITED (the"Agent') as the
exclusive agent of the Gas User for those locations listed on the attached Schedule A for purposes of any and all
matters relating to the supply,transportation, delivery or billing of natural gas including Agent Billing and Collection
T-Service (the "Arrangements")through The Consumers'Gas Company Ltd. ("Consumers Gas") including,without
limitation,the negotiation, establishment, documenting, implementation, operation, performance, amendment and
termination of the Arrangements and any related or incidental matters. The Agent is also authorized to appoint any
person, firm or corporation as an agent of the Gas User having any or all of the power and authority which the Agent
is acknowledged to have in this document.
Consumers Gas shall be entitled to rely upon any act or thing done, or document executed, by the
Agent in connection with or arising out of the 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 duly 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 Consumers Gas and its successors and shall continue in effect until written notice of
termination of the arrangements set out herein is received by Consumers Gas from the Gas User, provided that no
act or thing done, or document executed, by the Agent prior to the receipt of any such notice of termination shall be
affected by such notice.
This document shall be effective on and from the date set out below and shall be governed by the laws
of Ontario.
DATED the 15th day of May , 199 8 .
Gas User: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Signature: cls i t re:
S gna u
(Authorized Signing Officer)
Diane Hamre, Mayor Name: atti L Barrie, Clerk
Name:
Title: Title:
t
SCHEDULE A
FACILITIES
Account Number Address
05-45-30-84271-1 37 Silver Street, Bowmanville
DATED the 15th day of May 1199 8 .
Gas User: CORPORATION OF THE MUNICIPALITY OF CLARINGTON r
Signature: c/s ^
Signature:
(Authorized Signing Officer)
Name: Diane Hamre, Mayor Name: '--Patti L Barrie, Clerk
Title: Title:
AGENT APPOINTMENT LETTER
TO: THE CONSUMERS' GAS COMPANY LTD.,
FROM: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(The "Gas User")
BILLING NAME: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
For valuable consideration, the Gas User hereby appoints A.E.SHARP LIMITED (the "Agent') as the
exclusive agent of the Gas User for those locations listed on the attached Schedule A for purposes of any and all
matters relating to the supply, transportation, delivery or billing of natural gas including Agent Billing and Collection
T-Service (the"Arrangements")through The Consumers' Gas Company Ltd. ("Consumers Gas") including, without
limitation, the negotiation, establishment, documenting, implementation, operation, performance, amendment and
termination of the Arrangements and any related or incidental matters. The Agent is also authorized to appoint any
person, firm or corporation as an agent of the Gas User having any or all of the power and authority which the Agent
is acknowledged to have in this document.
Consumers Gas shall be entitled to rely upon any act or thing done, or document executed, by the
Agent in connection with or arising out of the Arrangements and all matters relating or incidental thereto in the same
manner and as though such actor thing had been done, or such document had been duly 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 Consumers Gas and its successors and shall continue in effect until written notice of
termination of the arrangements set out herein is received by Consumers Gas from the Gas User, provided that no
act or thing done, or document executed, by the Agent prior to the receipt of any such notice of termination shall be
affected by such notice.
This document shall be effective on and from the date set out below and shall be governed by the laws
of Ontario.
DATED the 15th day of MaY , 199 8.
Gas User: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Signature: cis Signatur .
(Authorized Signing Officer)
l
Name: Diane Hamre, Mayor Name: Patti L Barrie, Clerk
Title: Title:
1
SCHEDULE A
FACILITIES
Account Number Address
05-45-30-10801-0 132 Church Street, Bowmanville
DATED the 15th day of May
Gas User: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
�l
Signature: c/s Signature:'-
uthonzed Signing fficer)
f,
Name: Diane Hamre, Mayor Signature: Patti L Barrie, Clerk
Title: Title:
a
1R
AGENT APPOINTMENT LETTER
TO: THE CONSUMERS'GAS COMPANY LTD.,
FROM: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(The "Gas User")
BILLING NAME: CORPORATION OF THE MUNICIPALITY OF CLARINGTON NEWCASTLE ARENA
For valuable consideration,the Gas User hereby appoints A.E. SHARP LIMITED (the "Agent") as the
exclusive agent of the Gas User for those locations listed on the attached Schedule A for purposes of any and all
matters relating to the supply, transportation, delivery or billing of natural gas including Agent Billing and Collection
T-Service (the"Arrangements")through The Consumers'Gas Company Ltd. ("Consumers Gas") including, without
limitation,the negotiation, establishment, documenting, implementation, operation, performance, amendment and
termination of the Arrangements and any related or incidental matters. The Agent is also authorized to appoint any
person, firm or corporation as an agent of the Gas User having any or all of the power and authority which the Agent
is acknowledged to have in this document.
Consumers Gas shall be entitled to rely upon any act or thing done, or document executed, by the
Agent in connection with or arising out of the 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 duly 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 Consumers Gas and its successors and shall continue in effect until written notice of
termination of the arrangements set out herein is received by Consumers Gas from the Gas User, provided that no
act or thing done, or document executed, by the Agent prior to the receipt of any such notice of termination shall be
affected by such notice.
This document shall be effective on and from the date set out below and shall be governed by the laws
of Ontario.
DATED the 15th day of May , 199 8 .
Gas User: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Signature: f c!s Signature:-`
(Authorized Signing Officer)
Name:
Diane Ham, Mayor Name: Patti L Barrie, Clerk
Title: Title:
SCHEDULE A
FACILITIES
Account Number Address
05-45-10-78341-6 373 Beaver Street South, Newcastle
DATED the 15th day of May
Gas User: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Signature: /'s Signature
(Authorized Signing Officer)
Name: Diane Hamre, Mayor
Name: tti L �r/
rie, Clerk
Title: Title:
AGENT APPOINTMENT LETTER
TO: THE CONSUMERS'GAS COMPANY LTD.,
FROM: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(The"Gas User")
BILLING NAME: CORPORATION OF THE MUNICIPALITY OF CLARINGTON COURTICE COMPLEX
For valuable consideration,the Gas User hereby appoints A.E.SHARP LIMITED (the"Agent') as the
exclusive agent of the Gas User for those locations listed on the attached Schedule A for purposes of any and all
matters relating to the supply,transportation, delivery or billing of natural gas including Agent Billing and Collection
T-Service (the"Arrangements")through The Consumers'Gas Company Ltd. ("Consumers Gas") including,without
limitation, the negotiation, establishment, documenting, implementation, operation, performance, amendment and
termination of the Arrangements and any related or incidental matters. The Agent is also authorized to appoint any
person, firm or corporation as an agent of the Gas User having any or all of the power and authority which the Agent
is acknowledged to have in this document.
Consumers Gas shall be entitled to rely upon any act or thing done, or document executed, by the
Agent in connection with or arising out of the 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 duly 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 Consumers Gas and its successors and shall continue in effect until written notice of
termination of the arrangements set out herein is received by Consumers Gas from the Gas User, provided that no
act or thing done, or document executed, by the Agent prior to the receipt of any such notice of termination shall be
affected by such notice.
This document shall be effective on and from the date set out below and shall be governed by the laws
of Ontario.
DATED the 15th day of May 8
Gas User: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Signature: c/s Signature
(Authorized Signing Officer)
Name:
Diane Hamre, Mayor Name Patti L Barrie, Clerk
Title: Title:
SCHEDULE A
FACILITIES
Account Number Address
05-45-50-29501-1 2950 Courice Road, Courtice
DATED the 15th I day of May ' 1998
Gas User: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Signature: '/'s Signature:
(Authorized Signing Officer) j
Name:
M Name
Diane Hamre, Mayor Patti L Barrie, Clerk
Title: Title:
;R
e'
AGENT APPOINTMENT LETTER
TO: THE CONSUMERS'GAS COMPANY LTD.,
FROM: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
(The"Gas User')
BILLING NAME: RICKARD RECREATION COMPLEX
For valuable consideration,the Gas User hereby appoints A.E.SHARP LIMITED (the"Agent') as the
exclusive agent of the Gas User for those locations listed on the attached Schedule A for purposes of any and all
matters relating to the supply,transportation, delivery or billing of natural gas including Agent Billing and Collection
T-Service (the"Arrangements')through The Consumers'Gas Company Ltd. ("Consumers Gas') including,without
limitation,the negotiation, establishment, documenting, implementation, operation, performance, amendment and
termination of the Arrangements and any related or incidental matters. The Agent is also authorized to appoint any
person, firm or corporation as an agent of the Gas User having any or all of the power and authority which the Agent
is acknowledged to have in this document.
Consumers Gas shall be entitled to rely upon any actor thing done, or document executed, by the
Agent in connection with or arising out of the 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 duly 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 Consumers Gas and its successors and shall continue in effect until written notice of
termination of the arrangements set out herein is received by Consumers Gas from the Gas User, provided that no
act or thing done, or document executed, by the Agent prior to the receipt of any such notice of termination shall be
affected by such notice.
This document shall be effective on and from the date set out below and shall be governed by the laws
of Ontario.
DATED the 15th day of May 199 .
Gas User: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Signature: Signature:-
(Authorized Signing ticer)
i-
Name: Diane Hamre, Mayor Name Patti L Barrie. Clerk
Title:
Title:
T
SCHEDULE A
FACILITIES
Account Number Address
07-45-76550-999-4 2440 Highway 2, Bowmanville
DATED the 15th day of May
Gas User: CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Signature: Signature s
(Authorized Signing icer)
Mane Hamre, Mayor Name: ? L � rle, Clerk
Name:
Title: Title: