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Home My WebLink AboutResolution - 012276B - Agreement - Pioneer Natural Gas Co- Covering Natural Gas To LP&L For Boiler Fuel - 01/22/1976t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J s t PIONEER NATURAL GAS COMPANY POST OFFICE BOX 511, AMARILLO, TEXAS 79105 HARRY H. WALDEN Vice President February 5, 1976 Mr. W. T. Wood Director of Utilities City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Re: Amendment dated January 1, 1976, to Gas Sales Agreement dated May 2, 1974, between Pioneer Natural Gas Company, as Seller, and City of Dear Bill: Lubbock, as Buyer. For your files, we enclose herewith a fully -executed copy of the above described amendment. Thank you for your assistance in this matter; and if we can be of further service, please let us know. /pm enclosure Very truly yours, Harry Walden GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 R GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 INDEX ARTICLE TITLE PAGE NUMBER I DEFINITIONS .1 II QUANTITY 2 III DELIVERY POINT b IV DELIVERY PRESSURE 5 V METERING 5 VI MEASUREMENT 7 VII PRICE g VIII HEATING VALUE 13 IX BILLING.AND PAYMENT 14 X QUALITY 15 XI TITLE 16 XII FORCE MAJEURE 16 XIII NOTICES 17 XIV SUCCESSORS AND ASSIGNS 18 XV MAINTENANCE OF FACILITIES 18 XVI DURATION OF AGREEMENT 19 XVII INDEMNIFICATION 19 XVIII DESCRIPTIVE HEADINGS 19 XIX MISCELLANEOUS 19 XX GOVERNMENTAL REGULATIONS 20 t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 R GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 INDEX ARTICLE TITLE PAGE NUMBER I DEFINITIONS .1 II QUANTITY 2 III DELIVERY POINT b IV DELIVERY PRESSURE 5 V METERING 5 VI MEASUREMENT 7 VII PRICE g VIII HEATING VALUE 13 IX BILLING.AND PAYMENT 14 X QUALITY 15 XI TITLE 16 XII FORCE MAJEURE 16 XIII NOTICES 17 XIV SUCCESSORS AND ASSIGNS 18 XV MAINTENANCE OF FACILITIES 18 XVI DURATION OF AGREEMENT 19 XVII INDEMNIFICATION 19 XVIII DESCRIPTIVE HEADINGS 19 XIX MISCELLANEOUS 19 XX GOVERNMENTAL REGULATIONS 20 t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J s t PIONEER NATURAL GAS COMPANY POST OFFICE BOX 511, AMARILLO, TEXAS 79105 HARRY H. WALDEN Vice President February 5, 1976 Mr. W. T. Wood Director of Utilities City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Re: Amendment dated January 1, 1976, to Gas Sales Agreement dated May 2, 1974, between Pioneer Natural Gas Company, as Seller, and City of Dear Bill: Lubbock, as Buyer. For your files, we enclose herewith a fully -executed copy of the above described amendment. Thank you for your assistance in this matter; and if we can be of further service, please let us know. /pm enclosure Very truly yours, Harry Walden t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J s t PIONEER NATURAL GAS COMPANY POST OFFICE BOX 511, AMARILLO, TEXAS 79105 HARRY H. WALDEN Vice President February 5, 1976 Mr. W. T. Wood Director of Utilities City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Re: Amendment dated January 1, 1976, to Gas Sales Agreement dated May 2, 1974, between Pioneer Natural Gas Company, as Seller, and City of Dear Bill: Lubbock, as Buyer. For your files, we enclose herewith a fully -executed copy of the above described amendment. Thank you for your assistance in this matter; and if we can be of further service, please let us know. /pm enclosure Very truly yours, Harry Walden t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J s t PIONEER NATURAL GAS COMPANY POST OFFICE BOX 511, AMARILLO, TEXAS 79105 HARRY H. WALDEN Vice President February 5, 1976 Mr. W. T. Wood Director of Utilities City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Re: Amendment dated January 1, 1976, to Gas Sales Agreement dated May 2, 1974, between Pioneer Natural Gas Company, as Seller, and City of Dear Bill: Lubbock, as Buyer. For your files, we enclose herewith a fully -executed copy of the above described amendment. Thank you for your assistance in this matter; and if we can be of further service, please let us know. /pm enclosure Very truly yours, Harry Walden t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J s t PIONEER NATURAL GAS COMPANY POST OFFICE BOX 511, AMARILLO, TEXAS 79105 HARRY H. WALDEN Vice President February 5, 1976 Mr. W. T. Wood Director of Utilities City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Re: Amendment dated January 1, 1976, to Gas Sales Agreement dated May 2, 1974, between Pioneer Natural Gas Company, as Seller, and City of Dear Bill: Lubbock, as Buyer. For your files, we enclose herewith a fully -executed copy of the above described amendment. Thank you for your assistance in this matter; and if we can be of further service, please let us know. /pm enclosure Very truly yours, Harry Walden GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 R GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 R GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 INDEX ARTICLE TITLE PAGE NUMBER I DEFINITIONS .1 II QUANTITY 2 III DELIVERY POINT b IV DELIVERY PRESSURE 5 V METERING 5 VI MEASUREMENT 7 VII PRICE g VIII HEATING VALUE 13 IX BILLING.AND PAYMENT 14 X QUALITY 15 XI TITLE 16 XII FORCE MAJEURE 16 XIII NOTICES 17 XIV SUCCESSORS AND ASSIGNS 18 XV MAINTENANCE OF FACILITIES 18 XVI DURATION OF AGREEMENT 19 XVII INDEMNIFICATION 19 XVIII DESCRIPTIVE HEADINGS 19 XIX MISCELLANEOUS 19 XX GOVERNMENTAL REGULATIONS 20 INDEX ARTICLE TITLE PAGE NUMBER I DEFINITIONS .1 II QUANTITY 2 III DELIVERY POINT b IV DELIVERY PRESSURE 5 V METERING 5 VI MEASUREMENT 7 VII PRICE g VIII HEATING VALUE 13 IX BILLING.AND PAYMENT 14 X QUALITY 15 XI TITLE 16 XII FORCE MAJEURE 16 XIII NOTICES 17 XIV SUCCESSORS AND ASSIGNS 18 XV MAINTENANCE OF FACILITIES 18 XVI DURATION OF AGREEMENT 19 XVII INDEMNIFICATION 19 XVIII DESCRIPTIVE HEADINGS 19 XIX MISCELLANEOUS 19 XX GOVERNMENTAL REGULATIONS 20 t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J INDEX ARTICLE TITLE PAGE NUMBER I DEFINITIONS .1 II QUANTITY 2 III DELIVERY POINT b IV DELIVERY PRESSURE 5 V METERING 5 VI MEASUREMENT 7 VII PRICE g VIII HEATING VALUE 13 IX BILLING.AND PAYMENT 14 X QUALITY 15 XI TITLE 16 XII FORCE MAJEURE 16 XIII NOTICES 17 XIV SUCCESSORS AND ASSIGNS 18 XV MAINTENANCE OF FACILITIES 18 XVI DURATION OF AGREEMENT 19 XVII INDEMNIFICATION 19 XVIII DESCRIPTIVE HEADINGS 19 XIX MISCELLANEOUS 19 XX GOVERNMENTAL REGULATIONS 20 s t PIONEER NATURAL GAS COMPANY POST OFFICE BOX 511, AMARILLO, TEXAS 79105 HARRY H. WALDEN Vice President February 5, 1976 Mr. W. T. Wood Director of Utilities City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Re: Amendment dated January 1, 1976, to Gas Sales Agreement dated May 2, 1974, between Pioneer Natural Gas Company, as Seller, and City of Dear Bill: Lubbock, as Buyer. For your files, we enclose herewith a fully -executed copy of the above described amendment. Thank you for your assistance in this matter; and if we can be of further service, please let us know. /pm enclosure Very truly yours, Harry Walden GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 R GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 INDEX ARTICLE TITLE PAGE NUMBER I DEFINITIONS .1 II QUANTITY 2 III DELIVERY POINT b IV DELIVERY PRESSURE 5 V METERING 5 VI MEASUREMENT 7 VII PRICE g VIII HEATING VALUE 13 IX BILLING.AND PAYMENT 14 X QUALITY 15 XI TITLE 16 XII FORCE MAJEURE 16 XIII NOTICES 17 XIV SUCCESSORS AND ASSIGNS 18 XV MAINTENANCE OF FACILITIES 18 XVI DURATION OF AGREEMENT 19 XVII INDEMNIFICATION 19 XVIII DESCRIPTIVE HEADINGS 19 XIX MISCELLANEOUS 19 XX GOVERNMENTAL REGULATIONS 20 GAS SALES AGRIMEENT THIS AGREEMENT, made and entered into as of this 2nd day of May, A.D., 1974, by and between PIONEER NATURAL GAS CUIPANY, a Texas corporation, hereinafter referred to as "Seller," and CITY OF LUBBOCK, a municipal cor- poration, hereinafter referred to as "Buyer;rr W I T N E S S E T H: WHEREAS, Buyer is desirous of purchasing certain volumes of natural gas to be used in Buyer's municipal power plants located in Lubbock County, Texas; and WHEREAS, Buyer is purchasing certain volumes of natural gas from Seller pursuant to a Gas Sales Agreement dated July 18, 1972, which is to be cancelled and superceded effective with the effective date of this agree- ment; and WHEREAS, Seller can make available to Buyer certain volumes needed by Buyer in Buyer's municipal power plants and Seller desires to sell such volumes of natural gas to Buyer; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, Seller and Buyer do hereby mutually covenant and agree as follows: ARTICLE I DEFINITIONS Section 1. "Day" shall mean the period of twenty-four (24) con- secutive hours commencing at 7:00 A.M. on one calendar day and ending at 7:00 A.M. on the following calendar day. GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 R GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 INDEX ARTICLE TITLE PAGE NUMBER I DEFINITIONS .1 II QUANTITY 2 III DELIVERY POINT b IV DELIVERY PRESSURE 5 V METERING 5 VI MEASUREMENT 7 VII PRICE g VIII HEATING VALUE 13 IX BILLING.AND PAYMENT 14 X QUALITY 15 XI TITLE 16 XII FORCE MAJEURE 16 XIII NOTICES 17 XIV SUCCESSORS AND ASSIGNS 18 XV MAINTENANCE OF FACILITIES 18 XVI DURATION OF AGREEMENT 19 XVII INDEMNIFICATION 19 XVIII DESCRIPTIVE HEADINGS 19 XIX MISCELLANEOUS 19 XX GOVERNMENTAL REGULATIONS 20 GAS SALES AGRIMEENT THIS AGREEMENT, made and entered into as of this 2nd day of May, A.D., 1974, by and between PIONEER NATURAL GAS CUIPANY, a Texas corporation, hereinafter referred to as "Seller," and CITY OF LUBBOCK, a municipal cor- poration, hereinafter referred to as "Buyer;rr W I T N E S S E T H: WHEREAS, Buyer is desirous of purchasing certain volumes of natural gas to be used in Buyer's municipal power plants located in Lubbock County, Texas; and WHEREAS, Buyer is purchasing certain volumes of natural gas from Seller pursuant to a Gas Sales Agreement dated July 18, 1972, which is to be cancelled and superceded effective with the effective date of this agree- ment; and WHEREAS, Seller can make available to Buyer certain volumes needed by Buyer in Buyer's municipal power plants and Seller desires to sell such volumes of natural gas to Buyer; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, Seller and Buyer do hereby mutually covenant and agree as follows: ARTICLE I DEFINITIONS Section 1. "Day" shall mean the period of twenty-four (24) con- secutive hours commencing at 7:00 A.M. on one calendar day and ending at 7:00 A.M. on the following calendar day. Buyer agrees to take and receive from Seller each day during the term hereof those volumes of natural gas which are made available by Seller on such day up to the total volumes required by Buyer for consumption in Buyer's municipal power plants on such day; provided, however, Buyer's ob- ligation to take and receive from Seller shall be 6,000,000 MCF during the first, second and third accounting years hereof, 4,000,000 MCF during the fourth accounting year hereof and 2,667,000 MCF during the fifth accounting year hereof. Section 2. In the event Buyer fails to take from Seller the minimum volume of gas which Buyer is obligated to take and pay for from Seller during each accounting year pursuant to the provisions of this .Article II, then Buyer shall pay Seller for that quantity of gas which equals the dif- ference between the minimum volumes Buyer was obl_Iigated to take and pay for during the applicable accounting year and the volume which Buyer did actually take and pay for. The price which Buyer shall pay Seller for such deficiency shall be the average price in effect for the accounting year the deficiency occurred. Section 3. Gas delivered under this contract is subject to cur- tailment or interruption when in the sole judgment of the Seller such cur- tailment or interruption, regardless of cause, is necessary to maintain service to consumers served on the Seller's General Service Schedule, Regular Industrial Service Schedule, or any other service schedule. The Seller shall be the sole and exclusive judge as to the necessity or desirability of cutting off or reducing the supply of gas from time to time, and the exercise of this right shall not be the basis for any claim for damages sustained by either party. In the event curtailment or interruption becomes necessary, Seller will use its best efforts to curtail all customers of the same classification -3- GAS SALES AGRIMEENT THIS AGREEMENT, made and entered into as of this 2nd day of May, A.D., 1974, by and between PIONEER NATURAL GAS CUIPANY, a Texas corporation, hereinafter referred to as "Seller," and CITY OF LUBBOCK, a municipal cor- poration, hereinafter referred to as "Buyer;rr W I T N E S S E T H: WHEREAS, Buyer is desirous of purchasing certain volumes of natural gas to be used in Buyer's municipal power plants located in Lubbock County, Texas; and WHEREAS, Buyer is purchasing certain volumes of natural gas from Seller pursuant to a Gas Sales Agreement dated July 18, 1972, which is to be cancelled and superceded effective with the effective date of this agree- ment; and WHEREAS, Seller can make available to Buyer certain volumes needed by Buyer in Buyer's municipal power plants and Seller desires to sell such volumes of natural gas to Buyer; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, Seller and Buyer do hereby mutually covenant and agree as follows: ARTICLE I DEFINITIONS Section 1. "Day" shall mean the period of twenty-four (24) con- secutive hours commencing at 7:00 A.M. on one calendar day and ending at 7:00 A.M. on the following calendar day. r Section 2. "Billing Month" shall mean the period commencing at 7:00 A.M. on the first day of a calendar month and ending at 7:00 A.M. on the first day of the following calendar month. Section 3. "Accounting Year" shall mean a yearly period commencing at 7:00 A.M. on July 1 and ending at 7:00 A.M. on the next succeeding July 1. In the event deliveries commence hereunder on a date other than July 1, the period of time from the date of first deliveries until the following July 1 shall be considered as the first accounting year. In the event de- liveries permanently cease on a date other than a July 1, the period of time from the July 1 immediately preceding the date of such delivery cessation shall be considered as the final accounting year. Section 4. The term "Mcf" shall mean one thousand cubic feet at a temperature of 60 degrees Fahrenheit and an absolute pressure of 13:60 pounds per square inch. Section 5. The term "Btu" shall mean British thermal unit. Section 6. The term "heating value" shall mean the Btu content of the gas delivered. Section 7. The term "Buyer's municipal power plants" as used herein shall mean Buyer's electrical generating plants located near the City of Lubbock in Lubbock County, Texas. ARTICLE II QUANTITY Section 1. Commencing July 1, 1974 Seller agrees to deliver to Buyer up to the following volumes of natural gas: (1) From July 1, 1974 through June 30, 1977 - 32,000 Mcf/day; (2) From July 1, 1977 through June 30, 1978 - 21,333 Mcf/day;- (3)- From July 1, 1978 through June 30, 1979 - 14,222 Mcf/day; -2- t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J s t PIONEER NATURAL GAS COMPANY POST OFFICE BOX 511, AMARILLO, TEXAS 79105 HARRY H. WALDEN Vice President February 5, 1976 Mr. W. T. Wood Director of Utilities City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Re: Amendment dated January 1, 1976, to Gas Sales Agreement dated May 2, 1974, between Pioneer Natural Gas Company, as Seller, and City of Dear Bill: Lubbock, as Buyer. For your files, we enclose herewith a fully -executed copy of the above described amendment. Thank you for your assistance in this matter; and if we can be of further service, please let us know. /pm enclosure Very truly yours, Harry Walden t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J s t PIONEER NATURAL GAS COMPANY POST OFFICE BOX 511, AMARILLO, TEXAS 79105 HARRY H. WALDEN Vice President February 5, 1976 Mr. W. T. Wood Director of Utilities City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Re: Amendment dated January 1, 1976, to Gas Sales Agreement dated May 2, 1974, between Pioneer Natural Gas Company, as Seller, and City of Dear Bill: Lubbock, as Buyer. For your files, we enclose herewith a fully -executed copy of the above described amendment. Thank you for your assistance in this matter; and if we can be of further service, please let us know. /pm enclosure Very truly yours, Harry Walden GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 R GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 INDEX ARTICLE TITLE PAGE NUMBER I DEFINITIONS .1 II QUANTITY 2 III DELIVERY POINT b IV DELIVERY PRESSURE 5 V METERING 5 VI MEASUREMENT 7 VII PRICE g VIII HEATING VALUE 13 IX BILLING.AND PAYMENT 14 X QUALITY 15 XI TITLE 16 XII FORCE MAJEURE 16 XIII NOTICES 17 XIV SUCCESSORS AND ASSIGNS 18 XV MAINTENANCE OF FACILITIES 18 XVI DURATION OF AGREEMENT 19 XVII INDEMNIFICATION 19 XVIII DESCRIPTIVE HEADINGS 19 XIX MISCELLANEOUS 19 XX GOVERNMENTAL REGULATIONS 20 GAS SALES AGRIMEENT THIS AGREEMENT, made and entered into as of this 2nd day of May, A.D., 1974, by and between PIONEER NATURAL GAS CUIPANY, a Texas corporation, hereinafter referred to as "Seller," and CITY OF LUBBOCK, a municipal cor- poration, hereinafter referred to as "Buyer;rr W I T N E S S E T H: WHEREAS, Buyer is desirous of purchasing certain volumes of natural gas to be used in Buyer's municipal power plants located in Lubbock County, Texas; and WHEREAS, Buyer is purchasing certain volumes of natural gas from Seller pursuant to a Gas Sales Agreement dated July 18, 1972, which is to be cancelled and superceded effective with the effective date of this agree- ment; and WHEREAS, Seller can make available to Buyer certain volumes needed by Buyer in Buyer's municipal power plants and Seller desires to sell such volumes of natural gas to Buyer; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, Seller and Buyer do hereby mutually covenant and agree as follows: ARTICLE I DEFINITIONS Section 1. "Day" shall mean the period of twenty-four (24) con- secutive hours commencing at 7:00 A.M. on one calendar day and ending at 7:00 A.M. on the following calendar day. r Section 2. "Billing Month" shall mean the period commencing at 7:00 A.M. on the first day of a calendar month and ending at 7:00 A.M. on the first day of the following calendar month. Section 3. "Accounting Year" shall mean a yearly period commencing at 7:00 A.M. on July 1 and ending at 7:00 A.M. on the next succeeding July 1. In the event deliveries commence hereunder on a date other than July 1, the period of time from the date of first deliveries until the following July 1 shall be considered as the first accounting year. In the event de- liveries permanently cease on a date other than a July 1, the period of time from the July 1 immediately preceding the date of such delivery cessation shall be considered as the final accounting year. Section 4. The term "Mcf" shall mean one thousand cubic feet at a temperature of 60 degrees Fahrenheit and an absolute pressure of 13:60 pounds per square inch. Section 5. The term "Btu" shall mean British thermal unit. Section 6. The term "heating value" shall mean the Btu content of the gas delivered. Section 7. The term "Buyer's municipal power plants" as used herein shall mean Buyer's electrical generating plants located near the City of Lubbock in Lubbock County, Texas. ARTICLE II QUANTITY Section 1. Commencing July 1, 1974 Seller agrees to deliver to Buyer up to the following volumes of natural gas: (1) From July 1, 1974 through June 30, 1977 - 32,000 Mcf/day; (2) From July 1, 1977 through June 30, 1978 - 21,333 Mcf/day;- (3)- From July 1, 1978 through June 30, 1979 - 14,222 Mcf/day; -2- Buyer agrees to take and receive from Seller each day during the term hereof those volumes of natural gas which are made available by Seller on such day up to the total volumes required by Buyer for consumption in Buyer's municipal power plants on such day; provided, however, Buyer's ob- ligation to take and receive from Seller shall be 6,000,000 MCF during the first, second and third accounting years hereof, 4,000,000 MCF during the fourth accounting year hereof and 2,667,000 MCF during the fifth accounting year hereof. Section 2. In the event Buyer fails to take from Seller the minimum volume of gas which Buyer is obligated to take and pay for from Seller during each accounting year pursuant to the provisions of this .Article II, then Buyer shall pay Seller for that quantity of gas which equals the dif- ference between the minimum volumes Buyer was obl_Iigated to take and pay for during the applicable accounting year and the volume which Buyer did actually take and pay for. The price which Buyer shall pay Seller for such deficiency shall be the average price in effect for the accounting year the deficiency occurred. Section 3. Gas delivered under this contract is subject to cur- tailment or interruption when in the sole judgment of the Seller such cur- tailment or interruption, regardless of cause, is necessary to maintain service to consumers served on the Seller's General Service Schedule, Regular Industrial Service Schedule, or any other service schedule. The Seller shall be the sole and exclusive judge as to the necessity or desirability of cutting off or reducing the supply of gas from time to time, and the exercise of this right shall not be the basis for any claim for damages sustained by either party. In the event curtailment or interruption becomes necessary, Seller will use its best efforts to curtail all customers of the same classification -3- Buyer agrees to take and receive from Seller each day during the term hereof those volumes of natural gas which are made available by Seller on such day up to the total volumes required by Buyer for consumption in Buyer's municipal power plants on such day; provided, however, Buyer's ob- ligation to take and receive from Seller shall be 6,000,000 MCF during the first, second and third accounting years hereof, 4,000,000 MCF during the fourth accounting year hereof and 2,667,000 MCF during the fifth accounting year hereof. Section 2. In the event Buyer fails to take from Seller the minimum volume of gas which Buyer is obligated to take and pay for from Seller during each accounting year pursuant to the provisions of this .Article II, then Buyer shall pay Seller for that quantity of gas which equals the dif- ference between the minimum volumes Buyer was obl_Iigated to take and pay for during the applicable accounting year and the volume which Buyer did actually take and pay for. The price which Buyer shall pay Seller for such deficiency shall be the average price in effect for the accounting year the deficiency occurred. Section 3. Gas delivered under this contract is subject to cur- tailment or interruption when in the sole judgment of the Seller such cur- tailment or interruption, regardless of cause, is necessary to maintain service to consumers served on the Seller's General Service Schedule, Regular Industrial Service Schedule, or any other service schedule. The Seller shall be the sole and exclusive judge as to the necessity or desirability of cutting off or reducing the supply of gas from time to time, and the exercise of this right shall not be the basis for any claim for damages sustained by either party. In the event curtailment or interruption becomes necessary, Seller will use its best efforts to curtail all customers of the same classification -3- Buyer agrees to take and receive from Seller each day during the term hereof those volumes of natural gas which are made available by Seller on such day up to the total volumes required by Buyer for consumption in Buyer's municipal power plants on such day; provided, however, Buyer's ob- ligation to take and receive from Seller shall be 6,000,000 MCF during the first, second and third accounting years hereof, 4,000,000 MCF during the fourth accounting year hereof and 2,667,000 MCF during the fifth accounting year hereof. Section 2. In the event Buyer fails to take from Seller the minimum volume of gas which Buyer is obligated to take and pay for from Seller during each accounting year pursuant to the provisions of this .Article II, then Buyer shall pay Seller for that quantity of gas which equals the dif- ference between the minimum volumes Buyer was obl_Iigated to take and pay for during the applicable accounting year and the volume which Buyer did actually take and pay for. The price which Buyer shall pay Seller for such deficiency shall be the average price in effect for the accounting year the deficiency occurred. Section 3. Gas delivered under this contract is subject to cur- tailment or interruption when in the sole judgment of the Seller such cur- tailment or interruption, regardless of cause, is necessary to maintain service to consumers served on the Seller's General Service Schedule, Regular Industrial Service Schedule, or any other service schedule. The Seller shall be the sole and exclusive judge as to the necessity or desirability of cutting off or reducing the supply of gas from time to time, and the exercise of this right shall not be the basis for any claim for damages sustained by either party. In the event curtailment or interruption becomes necessary, Seller will use its best efforts to curtail all customers of the same classification -3- s t PIONEER NATURAL GAS COMPANY POST OFFICE BOX 511, AMARILLO, TEXAS 79105 HARRY H. WALDEN Vice President February 5, 1976 Mr. W. T. Wood Director of Utilities City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Re: Amendment dated January 1, 1976, to Gas Sales Agreement dated May 2, 1974, between Pioneer Natural Gas Company, as Seller, and City of Dear Bill: Lubbock, as Buyer. For your files, we enclose herewith a fully -executed copy of the above described amendment. Thank you for your assistance in this matter; and if we can be of further service, please let us know. /pm enclosure Very truly yours, Harry Walden GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 R GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 INDEX ARTICLE TITLE PAGE NUMBER I DEFINITIONS .1 II QUANTITY 2 III DELIVERY POINT b IV DELIVERY PRESSURE 5 V METERING 5 VI MEASUREMENT 7 VII PRICE g VIII HEATING VALUE 13 IX BILLING.AND PAYMENT 14 X QUALITY 15 XI TITLE 16 XII FORCE MAJEURE 16 XIII NOTICES 17 XIV SUCCESSORS AND ASSIGNS 18 XV MAINTENANCE OF FACILITIES 18 XVI DURATION OF AGREEMENT 19 XVII INDEMNIFICATION 19 XVIII DESCRIPTIVE HEADINGS 19 XIX MISCELLANEOUS 19 XX GOVERNMENTAL REGULATIONS 20 t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J s t PIONEER NATURAL GAS COMPANY POST OFFICE BOX 511, AMARILLO, TEXAS 79105 HARRY H. WALDEN Vice President February 5, 1976 Mr. W. T. Wood Director of Utilities City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Re: Amendment dated January 1, 1976, to Gas Sales Agreement dated May 2, 1974, between Pioneer Natural Gas Company, as Seller, and City of Dear Bill: Lubbock, as Buyer. For your files, we enclose herewith a fully -executed copy of the above described amendment. Thank you for your assistance in this matter; and if we can be of further service, please let us know. /pm enclosure Very truly yours, Harry Walden t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J s t PIONEER NATURAL GAS COMPANY POST OFFICE BOX 511, AMARILLO, TEXAS 79105 HARRY H. WALDEN Vice President February 5, 1976 Mr. W. T. Wood Director of Utilities City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Re: Amendment dated January 1, 1976, to Gas Sales Agreement dated May 2, 1974, between Pioneer Natural Gas Company, as Seller, and City of Dear Bill: Lubbock, as Buyer. For your files, we enclose herewith a fully -executed copy of the above described amendment. Thank you for your assistance in this matter; and if we can be of further service, please let us know. /pm enclosure Very truly yours, Harry Walden GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 R GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 r Section 2. "Billing Month" shall mean the period commencing at 7:00 A.M. on the first day of a calendar month and ending at 7:00 A.M. on the first day of the following calendar month. Section 3. "Accounting Year" shall mean a yearly period commencing at 7:00 A.M. on July 1 and ending at 7:00 A.M. on the next succeeding July 1. In the event deliveries commence hereunder on a date other than July 1, the period of time from the date of first deliveries until the following July 1 shall be considered as the first accounting year. In the event de- liveries permanently cease on a date other than a July 1, the period of time from the July 1 immediately preceding the date of such delivery cessation shall be considered as the final accounting year. Section 4. The term "Mcf" shall mean one thousand cubic feet at a temperature of 60 degrees Fahrenheit and an absolute pressure of 13:60 pounds per square inch. Section 5. The term "Btu" shall mean British thermal unit. Section 6. The term "heating value" shall mean the Btu content of the gas delivered. Section 7. The term "Buyer's municipal power plants" as used herein shall mean Buyer's electrical generating plants located near the City of Lubbock in Lubbock County, Texas. ARTICLE II QUANTITY Section 1. Commencing July 1, 1974 Seller agrees to deliver to Buyer up to the following volumes of natural gas: (1) From July 1, 1974 through June 30, 1977 - 32,000 Mcf/day; (2) From July 1, 1977 through June 30, 1978 - 21,333 Mcf/day;- (3)- From July 1, 1978 through June 30, 1979 - 14,222 Mcf/day; -2- Buyer agrees to take and receive from Seller each day during the term hereof those volumes of natural gas which are made available by Seller on such day up to the total volumes required by Buyer for consumption in Buyer's municipal power plants on such day; provided, however, Buyer's ob- ligation to take and receive from Seller shall be 6,000,000 MCF during the first, second and third accounting years hereof, 4,000,000 MCF during the fourth accounting year hereof and 2,667,000 MCF during the fifth accounting year hereof. Section 2. In the event Buyer fails to take from Seller the minimum volume of gas which Buyer is obligated to take and pay for from Seller during each accounting year pursuant to the provisions of this .Article II, then Buyer shall pay Seller for that quantity of gas which equals the dif- ference between the minimum volumes Buyer was obl_Iigated to take and pay for during the applicable accounting year and the volume which Buyer did actually take and pay for. The price which Buyer shall pay Seller for such deficiency shall be the average price in effect for the accounting year the deficiency occurred. Section 3. Gas delivered under this contract is subject to cur- tailment or interruption when in the sole judgment of the Seller such cur- tailment or interruption, regardless of cause, is necessary to maintain service to consumers served on the Seller's General Service Schedule, Regular Industrial Service Schedule, or any other service schedule. The Seller shall be the sole and exclusive judge as to the necessity or desirability of cutting off or reducing the supply of gas from time to time, and the exercise of this right shall not be the basis for any claim for damages sustained by either party. In the event curtailment or interruption becomes necessary, Seller will use its best efforts to curtail all customers of the same classification -3- Buyer agrees to take and receive from Seller each day during the term hereof those volumes of natural gas which are made available by Seller on such day up to the total volumes required by Buyer for consumption in Buyer's municipal power plants on such day; provided, however, Buyer's ob- ligation to take and receive from Seller shall be 6,000,000 MCF during the first, second and third accounting years hereof, 4,000,000 MCF during the fourth accounting year hereof and 2,667,000 MCF during the fifth accounting year hereof. Section 2. In the event Buyer fails to take from Seller the minimum volume of gas which Buyer is obligated to take and pay for from Seller during each accounting year pursuant to the provisions of this .Article II, then Buyer shall pay Seller for that quantity of gas which equals the dif- ference between the minimum volumes Buyer was obl_Iigated to take and pay for during the applicable accounting year and the volume which Buyer did actually take and pay for. The price which Buyer shall pay Seller for such deficiency shall be the average price in effect for the accounting year the deficiency occurred. Section 3. Gas delivered under this contract is subject to cur- tailment or interruption when in the sole judgment of the Seller such cur- tailment or interruption, regardless of cause, is necessary to maintain service to consumers served on the Seller's General Service Schedule, Regular Industrial Service Schedule, or any other service schedule. The Seller shall be the sole and exclusive judge as to the necessity or desirability of cutting off or reducing the supply of gas from time to time, and the exercise of this right shall not be the basis for any claim for damages sustained by either party. In the event curtailment or interruption becomes necessary, Seller will use its best efforts to curtail all customers of the same classification -3- s t PIONEER NATURAL GAS COMPANY POST OFFICE BOX 511, AMARILLO, TEXAS 79105 HARRY H. WALDEN Vice President February 5, 1976 Mr. W. T. Wood Director of Utilities City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Re: Amendment dated January 1, 1976, to Gas Sales Agreement dated May 2, 1974, between Pioneer Natural Gas Company, as Seller, and City of Dear Bill: Lubbock, as Buyer. For your files, we enclose herewith a fully -executed copy of the above described amendment. Thank you for your assistance in this matter; and if we can be of further service, please let us know. /pm enclosure Very truly yours, Harry Walden GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 R GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 INDEX ARTICLE TITLE PAGE NUMBER I DEFINITIONS .1 II QUANTITY 2 III DELIVERY POINT b IV DELIVERY PRESSURE 5 V METERING 5 VI MEASUREMENT 7 VII PRICE g VIII HEATING VALUE 13 IX BILLING.AND PAYMENT 14 X QUALITY 15 XI TITLE 16 XII FORCE MAJEURE 16 XIII NOTICES 17 XIV SUCCESSORS AND ASSIGNS 18 XV MAINTENANCE OF FACILITIES 18 XVI DURATION OF AGREEMENT 19 XVII INDEMNIFICATION 19 XVIII DESCRIPTIVE HEADINGS 19 XIX MISCELLANEOUS 19 XX GOVERNMENTAL REGULATIONS 20 t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J s t PIONEER NATURAL GAS COMPANY POST OFFICE BOX 511, AMARILLO, TEXAS 79105 HARRY H. WALDEN Vice President February 5, 1976 Mr. W. T. Wood Director of Utilities City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Re: Amendment dated January 1, 1976, to Gas Sales Agreement dated May 2, 1974, between Pioneer Natural Gas Company, as Seller, and City of Dear Bill: Lubbock, as Buyer. For your files, we enclose herewith a fully -executed copy of the above described amendment. Thank you for your assistance in this matter; and if we can be of further service, please let us know. /pm enclosure Very truly yours, Harry Walden t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J s t PIONEER NATURAL GAS COMPANY POST OFFICE BOX 511, AMARILLO, TEXAS 79105 HARRY H. WALDEN Vice President February 5, 1976 Mr. W. T. Wood Director of Utilities City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Re: Amendment dated January 1, 1976, to Gas Sales Agreement dated May 2, 1974, between Pioneer Natural Gas Company, as Seller, and City of Dear Bill: Lubbock, as Buyer. For your files, we enclose herewith a fully -executed copy of the above described amendment. Thank you for your assistance in this matter; and if we can be of further service, please let us know. /pm enclosure Very truly yours, Harry Walden t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J s t PIONEER NATURAL GAS COMPANY POST OFFICE BOX 511, AMARILLO, TEXAS 79105 HARRY H. WALDEN Vice President February 5, 1976 Mr. W. T. Wood Director of Utilities City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Re: Amendment dated January 1, 1976, to Gas Sales Agreement dated May 2, 1974, between Pioneer Natural Gas Company, as Seller, and City of Dear Bill: Lubbock, as Buyer. For your files, we enclose herewith a fully -executed copy of the above described amendment. Thank you for your assistance in this matter; and if we can be of further service, please let us know. /pm enclosure Very truly yours, Harry Walden GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 R GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 INDEX ARTICLE TITLE PAGE NUMBER I DEFINITIONS .1 II QUANTITY 2 III DELIVERY POINT b IV DELIVERY PRESSURE 5 V METERING 5 VI MEASUREMENT 7 VII PRICE g VIII HEATING VALUE 13 IX BILLING.AND PAYMENT 14 X QUALITY 15 XI TITLE 16 XII FORCE MAJEURE 16 XIII NOTICES 17 XIV SUCCESSORS AND ASSIGNS 18 XV MAINTENANCE OF FACILITIES 18 XVI DURATION OF AGREEMENT 19 XVII INDEMNIFICATION 19 XVIII DESCRIPTIVE HEADINGS 19 XIX MISCELLANEOUS 19 XX GOVERNMENTAL REGULATIONS 20 INDEX ARTICLE TITLE PAGE NUMBER I DEFINITIONS .1 II QUANTITY 2 III DELIVERY POINT b IV DELIVERY PRESSURE 5 V METERING 5 VI MEASUREMENT 7 VII PRICE g VIII HEATING VALUE 13 IX BILLING.AND PAYMENT 14 X QUALITY 15 XI TITLE 16 XII FORCE MAJEURE 16 XIII NOTICES 17 XIV SUCCESSORS AND ASSIGNS 18 XV MAINTENANCE OF FACILITIES 18 XVI DURATION OF AGREEMENT 19 XVII INDEMNIFICATION 19 XVIII DESCRIPTIVE HEADINGS 19 XIX MISCELLANEOUS 19 XX GOVERNMENTAL REGULATIONS 20 GAS SALES AGRIMEENT THIS AGREEMENT, made and entered into as of this 2nd day of May, A.D., 1974, by and between PIONEER NATURAL GAS CUIPANY, a Texas corporation, hereinafter referred to as "Seller," and CITY OF LUBBOCK, a municipal cor- poration, hereinafter referred to as "Buyer;rr W I T N E S S E T H: WHEREAS, Buyer is desirous of purchasing certain volumes of natural gas to be used in Buyer's municipal power plants located in Lubbock County, Texas; and WHEREAS, Buyer is purchasing certain volumes of natural gas from Seller pursuant to a Gas Sales Agreement dated July 18, 1972, which is to be cancelled and superceded effective with the effective date of this agree- ment; and WHEREAS, Seller can make available to Buyer certain volumes needed by Buyer in Buyer's municipal power plants and Seller desires to sell such volumes of natural gas to Buyer; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, Seller and Buyer do hereby mutually covenant and agree as follows: ARTICLE I DEFINITIONS Section 1. "Day" shall mean the period of twenty-four (24) con- secutive hours commencing at 7:00 A.M. on one calendar day and ending at 7:00 A.M. on the following calendar day. r Section 2. "Billing Month" shall mean the period commencing at 7:00 A.M. on the first day of a calendar month and ending at 7:00 A.M. on the first day of the following calendar month. Section 3. "Accounting Year" shall mean a yearly period commencing at 7:00 A.M. on July 1 and ending at 7:00 A.M. on the next succeeding July 1. In the event deliveries commence hereunder on a date other than July 1, the period of time from the date of first deliveries until the following July 1 shall be considered as the first accounting year. In the event de- liveries permanently cease on a date other than a July 1, the period of time from the July 1 immediately preceding the date of such delivery cessation shall be considered as the final accounting year. Section 4. The term "Mcf" shall mean one thousand cubic feet at a temperature of 60 degrees Fahrenheit and an absolute pressure of 13:60 pounds per square inch. Section 5. The term "Btu" shall mean British thermal unit. Section 6. The term "heating value" shall mean the Btu content of the gas delivered. Section 7. The term "Buyer's municipal power plants" as used herein shall mean Buyer's electrical generating plants located near the City of Lubbock in Lubbock County, Texas. ARTICLE II QUANTITY Section 1. Commencing July 1, 1974 Seller agrees to deliver to Buyer up to the following volumes of natural gas: (1) From July 1, 1974 through June 30, 1977 - 32,000 Mcf/day; (2) From July 1, 1977 through June 30, 1978 - 21,333 Mcf/day;- (3)- From July 1, 1978 through June 30, 1979 - 14,222 Mcf/day; -2- Buyer agrees to take and receive from Seller each day during the term hereof those volumes of natural gas which are made available by Seller on such day up to the total volumes required by Buyer for consumption in Buyer's municipal power plants on such day; provided, however, Buyer's ob- ligation to take and receive from Seller shall be 6,000,000 MCF during the first, second and third accounting years hereof, 4,000,000 MCF during the fourth accounting year hereof and 2,667,000 MCF during the fifth accounting year hereof. Section 2. In the event Buyer fails to take from Seller the minimum volume of gas which Buyer is obligated to take and pay for from Seller during each accounting year pursuant to the provisions of this .Article II, then Buyer shall pay Seller for that quantity of gas which equals the dif- ference between the minimum volumes Buyer was obl_Iigated to take and pay for during the applicable accounting year and the volume which Buyer did actually take and pay for. The price which Buyer shall pay Seller for such deficiency shall be the average price in effect for the accounting year the deficiency occurred. Section 3. Gas delivered under this contract is subject to cur- tailment or interruption when in the sole judgment of the Seller such cur- tailment or interruption, regardless of cause, is necessary to maintain service to consumers served on the Seller's General Service Schedule, Regular Industrial Service Schedule, or any other service schedule. The Seller shall be the sole and exclusive judge as to the necessity or desirability of cutting off or reducing the supply of gas from time to time, and the exercise of this right shall not be the basis for any claim for damages sustained by either party. In the event curtailment or interruption becomes necessary, Seller will use its best efforts to curtail all customers of the same classification -3- Buyer agrees to take and receive from Seller each day during the term hereof those volumes of natural gas which are made available by Seller on such day up to the total volumes required by Buyer for consumption in Buyer's municipal power plants on such day; provided, however, Buyer's ob- ligation to take and receive from Seller shall be 6,000,000 MCF during the first, second and third accounting years hereof, 4,000,000 MCF during the fourth accounting year hereof and 2,667,000 MCF during the fifth accounting year hereof. Section 2. In the event Buyer fails to take from Seller the minimum volume of gas which Buyer is obligated to take and pay for from Seller during each accounting year pursuant to the provisions of this .Article II, then Buyer shall pay Seller for that quantity of gas which equals the dif- ference between the minimum volumes Buyer was obl_Iigated to take and pay for during the applicable accounting year and the volume which Buyer did actually take and pay for. The price which Buyer shall pay Seller for such deficiency shall be the average price in effect for the accounting year the deficiency occurred. Section 3. Gas delivered under this contract is subject to cur- tailment or interruption when in the sole judgment of the Seller such cur- tailment or interruption, regardless of cause, is necessary to maintain service to consumers served on the Seller's General Service Schedule, Regular Industrial Service Schedule, or any other service schedule. The Seller shall be the sole and exclusive judge as to the necessity or desirability of cutting off or reducing the supply of gas from time to time, and the exercise of this right shall not be the basis for any claim for damages sustained by either party. In the event curtailment or interruption becomes necessary, Seller will use its best efforts to curtail all customers of the same classification -3- s t PIONEER NATURAL GAS COMPANY POST OFFICE BOX 511, AMARILLO, TEXAS 79105 HARRY H. WALDEN Vice President February 5, 1976 Mr. W. T. Wood Director of Utilities City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Re: Amendment dated January 1, 1976, to Gas Sales Agreement dated May 2, 1974, between Pioneer Natural Gas Company, as Seller, and City of Dear Bill: Lubbock, as Buyer. For your files, we enclose herewith a fully -executed copy of the above described amendment. Thank you for your assistance in this matter; and if we can be of further service, please let us know. /pm enclosure Very truly yours, Harry Walden GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 R GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 INDEX ARTICLE TITLE PAGE NUMBER I DEFINITIONS .1 II QUANTITY 2 III DELIVERY POINT b IV DELIVERY PRESSURE 5 V METERING 5 VI MEASUREMENT 7 VII PRICE g VIII HEATING VALUE 13 IX BILLING.AND PAYMENT 14 X QUALITY 15 XI TITLE 16 XII FORCE MAJEURE 16 XIII NOTICES 17 XIV SUCCESSORS AND ASSIGNS 18 XV MAINTENANCE OF FACILITIES 18 XVI DURATION OF AGREEMENT 19 XVII INDEMNIFICATION 19 XVIII DESCRIPTIVE HEADINGS 19 XIX MISCELLANEOUS 19 XX GOVERNMENTAL REGULATIONS 20 t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J s t PIONEER NATURAL GAS COMPANY POST OFFICE BOX 511, AMARILLO, TEXAS 79105 HARRY H. WALDEN Vice President February 5, 1976 Mr. W. T. Wood Director of Utilities City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Re: Amendment dated January 1, 1976, to Gas Sales Agreement dated May 2, 1974, between Pioneer Natural Gas Company, as Seller, and City of Dear Bill: Lubbock, as Buyer. For your files, we enclose herewith a fully -executed copy of the above described amendment. Thank you for your assistance in this matter; and if we can be of further service, please let us know. /pm enclosure Very truly yours, Harry Walden t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J s t PIONEER NATURAL GAS COMPANY POST OFFICE BOX 511, AMARILLO, TEXAS 79105 HARRY H. WALDEN Vice President February 5, 1976 Mr. W. T. Wood Director of Utilities City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Re: Amendment dated January 1, 1976, to Gas Sales Agreement dated May 2, 1974, between Pioneer Natural Gas Company, as Seller, and City of Dear Bill: Lubbock, as Buyer. For your files, we enclose herewith a fully -executed copy of the above described amendment. Thank you for your assistance in this matter; and if we can be of further service, please let us know. /pm enclosure Very truly yours, Harry Walden GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 R GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 INDEX ARTICLE TITLE PAGE NUMBER I DEFINITIONS .1 II QUANTITY 2 III DELIVERY POINT b IV DELIVERY PRESSURE 5 V METERING 5 VI MEASUREMENT 7 VII PRICE g VIII HEATING VALUE 13 IX BILLING.AND PAYMENT 14 X QUALITY 15 XI TITLE 16 XII FORCE MAJEURE 16 XIII NOTICES 17 XIV SUCCESSORS AND ASSIGNS 18 XV MAINTENANCE OF FACILITIES 18 XVI DURATION OF AGREEMENT 19 XVII INDEMNIFICATION 19 XVIII DESCRIPTIVE HEADINGS 19 XIX MISCELLANEOUS 19 XX GOVERNMENTAL REGULATIONS 20 GAS SALES AGRIMEENT THIS AGREEMENT, made and entered into as of this 2nd day of May, A.D., 1974, by and between PIONEER NATURAL GAS CUIPANY, a Texas corporation, hereinafter referred to as "Seller," and CITY OF LUBBOCK, a municipal cor- poration, hereinafter referred to as "Buyer;rr W I T N E S S E T H: WHEREAS, Buyer is desirous of purchasing certain volumes of natural gas to be used in Buyer's municipal power plants located in Lubbock County, Texas; and WHEREAS, Buyer is purchasing certain volumes of natural gas from Seller pursuant to a Gas Sales Agreement dated July 18, 1972, which is to be cancelled and superceded effective with the effective date of this agree- ment; and WHEREAS, Seller can make available to Buyer certain volumes needed by Buyer in Buyer's municipal power plants and Seller desires to sell such volumes of natural gas to Buyer; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, Seller and Buyer do hereby mutually covenant and agree as follows: ARTICLE I DEFINITIONS Section 1. "Day" shall mean the period of twenty-four (24) con- secutive hours commencing at 7:00 A.M. on one calendar day and ending at 7:00 A.M. on the following calendar day. r Section 2. "Billing Month" shall mean the period commencing at 7:00 A.M. on the first day of a calendar month and ending at 7:00 A.M. on the first day of the following calendar month. Section 3. "Accounting Year" shall mean a yearly period commencing at 7:00 A.M. on July 1 and ending at 7:00 A.M. on the next succeeding July 1. In the event deliveries commence hereunder on a date other than July 1, the period of time from the date of first deliveries until the following July 1 shall be considered as the first accounting year. In the event de- liveries permanently cease on a date other than a July 1, the period of time from the July 1 immediately preceding the date of such delivery cessation shall be considered as the final accounting year. Section 4. The term "Mcf" shall mean one thousand cubic feet at a temperature of 60 degrees Fahrenheit and an absolute pressure of 13:60 pounds per square inch. Section 5. The term "Btu" shall mean British thermal unit. Section 6. The term "heating value" shall mean the Btu content of the gas delivered. Section 7. The term "Buyer's municipal power plants" as used herein shall mean Buyer's electrical generating plants located near the City of Lubbock in Lubbock County, Texas. ARTICLE II QUANTITY Section 1. Commencing July 1, 1974 Seller agrees to deliver to Buyer up to the following volumes of natural gas: (1) From July 1, 1974 through June 30, 1977 - 32,000 Mcf/day; (2) From July 1, 1977 through June 30, 1978 - 21,333 Mcf/day;- (3)- From July 1, 1978 through June 30, 1979 - 14,222 Mcf/day; -2- Buyer agrees to take and receive from Seller each day during the term hereof those volumes of natural gas which are made available by Seller on such day up to the total volumes required by Buyer for consumption in Buyer's municipal power plants on such day; provided, however, Buyer's ob- ligation to take and receive from Seller shall be 6,000,000 MCF during the first, second and third accounting years hereof, 4,000,000 MCF during the fourth accounting year hereof and 2,667,000 MCF during the fifth accounting year hereof. Section 2. In the event Buyer fails to take from Seller the minimum volume of gas which Buyer is obligated to take and pay for from Seller during each accounting year pursuant to the provisions of this .Article II, then Buyer shall pay Seller for that quantity of gas which equals the dif- ference between the minimum volumes Buyer was obl_Iigated to take and pay for during the applicable accounting year and the volume which Buyer did actually take and pay for. The price which Buyer shall pay Seller for such deficiency shall be the average price in effect for the accounting year the deficiency occurred. Section 3. Gas delivered under this contract is subject to cur- tailment or interruption when in the sole judgment of the Seller such cur- tailment or interruption, regardless of cause, is necessary to maintain service to consumers served on the Seller's General Service Schedule, Regular Industrial Service Schedule, or any other service schedule. The Seller shall be the sole and exclusive judge as to the necessity or desirability of cutting off or reducing the supply of gas from time to time, and the exercise of this right shall not be the basis for any claim for damages sustained by either party. In the event curtailment or interruption becomes necessary, Seller will use its best efforts to curtail all customers of the same classification -3- Buyer agrees to take and receive from Seller each day during the term hereof those volumes of natural gas which are made available by Seller on such day up to the total volumes required by Buyer for consumption in Buyer's municipal power plants on such day; provided, however, Buyer's ob- ligation to take and receive from Seller shall be 6,000,000 MCF during the first, second and third accounting years hereof, 4,000,000 MCF during the fourth accounting year hereof and 2,667,000 MCF during the fifth accounting year hereof. Section 2. In the event Buyer fails to take from Seller the minimum volume of gas which Buyer is obligated to take and pay for from Seller during each accounting year pursuant to the provisions of this .Article II, then Buyer shall pay Seller for that quantity of gas which equals the dif- ference between the minimum volumes Buyer was obl_Iigated to take and pay for during the applicable accounting year and the volume which Buyer did actually take and pay for. The price which Buyer shall pay Seller for such deficiency shall be the average price in effect for the accounting year the deficiency occurred. Section 3. Gas delivered under this contract is subject to cur- tailment or interruption when in the sole judgment of the Seller such cur- tailment or interruption, regardless of cause, is necessary to maintain service to consumers served on the Seller's General Service Schedule, Regular Industrial Service Schedule, or any other service schedule. The Seller shall be the sole and exclusive judge as to the necessity or desirability of cutting off or reducing the supply of gas from time to time, and the exercise of this right shall not be the basis for any claim for damages sustained by either party. In the event curtailment or interruption becomes necessary, Seller will use its best efforts to curtail all customers of the same classification -3- s t PIONEER NATURAL GAS COMPANY POST OFFICE BOX 511, AMARILLO, TEXAS 79105 HARRY H. WALDEN Vice President February 5, 1976 Mr. W. T. Wood Director of Utilities City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Re: Amendment dated January 1, 1976, to Gas Sales Agreement dated May 2, 1974, between Pioneer Natural Gas Company, as Seller, and City of Dear Bill: Lubbock, as Buyer. For your files, we enclose herewith a fully -executed copy of the above described amendment. Thank you for your assistance in this matter; and if we can be of further service, please let us know. /pm enclosure Very truly yours, Harry Walden GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 R GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 INDEX ARTICLE TITLE PAGE NUMBER I DEFINITIONS .1 II QUANTITY 2 III DELIVERY POINT b IV DELIVERY PRESSURE 5 V METERING 5 VI MEASUREMENT 7 VII PRICE g VIII HEATING VALUE 13 IX BILLING.AND PAYMENT 14 X QUALITY 15 XI TITLE 16 XII FORCE MAJEURE 16 XIII NOTICES 17 XIV SUCCESSORS AND ASSIGNS 18 XV MAINTENANCE OF FACILITIES 18 XVI DURATION OF AGREEMENT 19 XVII INDEMNIFICATION 19 XVIII DESCRIPTIVE HEADINGS 19 XIX MISCELLANEOUS 19 XX GOVERNMENTAL REGULATIONS 20 GAS SALES AGRIMEENT THIS AGREEMENT, made and entered into as of this 2nd day of May, A.D., 1974, by and between PIONEER NATURAL GAS CUIPANY, a Texas corporation, hereinafter referred to as "Seller," and CITY OF LUBBOCK, a municipal cor- poration, hereinafter referred to as "Buyer;rr W I T N E S S E T H: WHEREAS, Buyer is desirous of purchasing certain volumes of natural gas to be used in Buyer's municipal power plants located in Lubbock County, Texas; and WHEREAS, Buyer is purchasing certain volumes of natural gas from Seller pursuant to a Gas Sales Agreement dated July 18, 1972, which is to be cancelled and superceded effective with the effective date of this agree- ment; and WHEREAS, Seller can make available to Buyer certain volumes needed by Buyer in Buyer's municipal power plants and Seller desires to sell such volumes of natural gas to Buyer; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, Seller and Buyer do hereby mutually covenant and agree as follows: ARTICLE I DEFINITIONS Section 1. "Day" shall mean the period of twenty-four (24) con- secutive hours commencing at 7:00 A.M. on one calendar day and ending at 7:00 A.M. on the following calendar day. s t PIONEER NATURAL GAS COMPANY POST OFFICE BOX 511, AMARILLO, TEXAS 79105 HARRY H. WALDEN Vice President February 5, 1976 Mr. W. T. Wood Director of Utilities City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Re: Amendment dated January 1, 1976, to Gas Sales Agreement dated May 2, 1974, between Pioneer Natural Gas Company, as Seller, and City of Dear Bill: Lubbock, as Buyer. For your files, we enclose herewith a fully -executed copy of the above described amendment. Thank you for your assistance in this matter; and if we can be of further service, please let us know. /pm enclosure Very truly yours, Harry Walden t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J s t PIONEER NATURAL GAS COMPANY POST OFFICE BOX 511, AMARILLO, TEXAS 79105 HARRY H. WALDEN Vice President February 5, 1976 Mr. W. T. Wood Director of Utilities City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Re: Amendment dated January 1, 1976, to Gas Sales Agreement dated May 2, 1974, between Pioneer Natural Gas Company, as Seller, and City of Dear Bill: Lubbock, as Buyer. For your files, we enclose herewith a fully -executed copy of the above described amendment. Thank you for your assistance in this matter; and if we can be of further service, please let us know. /pm enclosure Very truly yours, Harry Walden GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 R GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 INDEX ARTICLE TITLE PAGE NUMBER I DEFINITIONS .1 II QUANTITY 2 III DELIVERY POINT b IV DELIVERY PRESSURE 5 V METERING 5 VI MEASUREMENT 7 VII PRICE g VIII HEATING VALUE 13 IX BILLING.AND PAYMENT 14 X QUALITY 15 XI TITLE 16 XII FORCE MAJEURE 16 XIII NOTICES 17 XIV SUCCESSORS AND ASSIGNS 18 XV MAINTENANCE OF FACILITIES 18 XVI DURATION OF AGREEMENT 19 XVII INDEMNIFICATION 19 XVIII DESCRIPTIVE HEADINGS 19 XIX MISCELLANEOUS 19 XX GOVERNMENTAL REGULATIONS 20 GAS SALES AGRIMEENT THIS AGREEMENT, made and entered into as of this 2nd day of May, A.D., 1974, by and between PIONEER NATURAL GAS CUIPANY, a Texas corporation, hereinafter referred to as "Seller," and CITY OF LUBBOCK, a municipal cor- poration, hereinafter referred to as "Buyer;rr W I T N E S S E T H: WHEREAS, Buyer is desirous of purchasing certain volumes of natural gas to be used in Buyer's municipal power plants located in Lubbock County, Texas; and WHEREAS, Buyer is purchasing certain volumes of natural gas from Seller pursuant to a Gas Sales Agreement dated July 18, 1972, which is to be cancelled and superceded effective with the effective date of this agree- ment; and WHEREAS, Seller can make available to Buyer certain volumes needed by Buyer in Buyer's municipal power plants and Seller desires to sell such volumes of natural gas to Buyer; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, Seller and Buyer do hereby mutually covenant and agree as follows: ARTICLE I DEFINITIONS Section 1. "Day" shall mean the period of twenty-four (24) con- secutive hours commencing at 7:00 A.M. on one calendar day and ending at 7:00 A.M. on the following calendar day. r Section 2. "Billing Month" shall mean the period commencing at 7:00 A.M. on the first day of a calendar month and ending at 7:00 A.M. on the first day of the following calendar month. Section 3. "Accounting Year" shall mean a yearly period commencing at 7:00 A.M. on July 1 and ending at 7:00 A.M. on the next succeeding July 1. In the event deliveries commence hereunder on a date other than July 1, the period of time from the date of first deliveries until the following July 1 shall be considered as the first accounting year. In the event de- liveries permanently cease on a date other than a July 1, the period of time from the July 1 immediately preceding the date of such delivery cessation shall be considered as the final accounting year. Section 4. The term "Mcf" shall mean one thousand cubic feet at a temperature of 60 degrees Fahrenheit and an absolute pressure of 13:60 pounds per square inch. Section 5. The term "Btu" shall mean British thermal unit. Section 6. The term "heating value" shall mean the Btu content of the gas delivered. Section 7. The term "Buyer's municipal power plants" as used herein shall mean Buyer's electrical generating plants located near the City of Lubbock in Lubbock County, Texas. ARTICLE II QUANTITY Section 1. Commencing July 1, 1974 Seller agrees to deliver to Buyer up to the following volumes of natural gas: (1) From July 1, 1974 through June 30, 1977 - 32,000 Mcf/day; (2) From July 1, 1977 through June 30, 1978 - 21,333 Mcf/day;- (3)- From July 1, 1978 through June 30, 1979 - 14,222 Mcf/day; -2- Buyer agrees to take and receive from Seller each day during the term hereof those volumes of natural gas which are made available by Seller on such day up to the total volumes required by Buyer for consumption in Buyer's municipal power plants on such day; provided, however, Buyer's ob- ligation to take and receive from Seller shall be 6,000,000 MCF during the first, second and third accounting years hereof, 4,000,000 MCF during the fourth accounting year hereof and 2,667,000 MCF during the fifth accounting year hereof. Section 2. In the event Buyer fails to take from Seller the minimum volume of gas which Buyer is obligated to take and pay for from Seller during each accounting year pursuant to the provisions of this .Article II, then Buyer shall pay Seller for that quantity of gas which equals the dif- ference between the minimum volumes Buyer was obl_Iigated to take and pay for during the applicable accounting year and the volume which Buyer did actually take and pay for. The price which Buyer shall pay Seller for such deficiency shall be the average price in effect for the accounting year the deficiency occurred. Section 3. Gas delivered under this contract is subject to cur- tailment or interruption when in the sole judgment of the Seller such cur- tailment or interruption, regardless of cause, is necessary to maintain service to consumers served on the Seller's General Service Schedule, Regular Industrial Service Schedule, or any other service schedule. The Seller shall be the sole and exclusive judge as to the necessity or desirability of cutting off or reducing the supply of gas from time to time, and the exercise of this right shall not be the basis for any claim for damages sustained by either party. In the event curtailment or interruption becomes necessary, Seller will use its best efforts to curtail all customers of the same classification -3- Buyer agrees to take and receive from Seller each day during the term hereof those volumes of natural gas which are made available by Seller on such day up to the total volumes required by Buyer for consumption in Buyer's municipal power plants on such day; provided, however, Buyer's ob- ligation to take and receive from Seller shall be 6,000,000 MCF during the first, second and third accounting years hereof, 4,000,000 MCF during the fourth accounting year hereof and 2,667,000 MCF during the fifth accounting year hereof. Section 2. In the event Buyer fails to take from Seller the minimum volume of gas which Buyer is obligated to take and pay for from Seller during each accounting year pursuant to the provisions of this .Article II, then Buyer shall pay Seller for that quantity of gas which equals the dif- ference between the minimum volumes Buyer was obl_Iigated to take and pay for during the applicable accounting year and the volume which Buyer did actually take and pay for. The price which Buyer shall pay Seller for such deficiency shall be the average price in effect for the accounting year the deficiency occurred. Section 3. Gas delivered under this contract is subject to cur- tailment or interruption when in the sole judgment of the Seller such cur- tailment or interruption, regardless of cause, is necessary to maintain service to consumers served on the Seller's General Service Schedule, Regular Industrial Service Schedule, or any other service schedule. The Seller shall be the sole and exclusive judge as to the necessity or desirability of cutting off or reducing the supply of gas from time to time, and the exercise of this right shall not be the basis for any claim for damages sustained by either party. In the event curtailment or interruption becomes necessary, Seller will use its best efforts to curtail all customers of the same classification -3- s t PIONEER NATURAL GAS COMPANY POST OFFICE BOX 511, AMARILLO, TEXAS 79105 HARRY H. WALDEN Vice President February 5, 1976 Mr. W. T. Wood Director of Utilities City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Re: Amendment dated January 1, 1976, to Gas Sales Agreement dated May 2, 1974, between Pioneer Natural Gas Company, as Seller, and City of Dear Bill: Lubbock, as Buyer. For your files, we enclose herewith a fully -executed copy of the above described amendment. Thank you for your assistance in this matter; and if we can be of further service, please let us know. /pm enclosure Very truly yours, Harry Walden GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 R GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 INDEX ARTICLE TITLE PAGE NUMBER I DEFINITIONS .1 II QUANTITY 2 III DELIVERY POINT b IV DELIVERY PRESSURE 5 V METERING 5 VI MEASUREMENT 7 VII PRICE g VIII HEATING VALUE 13 IX BILLING.AND PAYMENT 14 X QUALITY 15 XI TITLE 16 XII FORCE MAJEURE 16 XIII NOTICES 17 XIV SUCCESSORS AND ASSIGNS 18 XV MAINTENANCE OF FACILITIES 18 XVI DURATION OF AGREEMENT 19 XVII INDEMNIFICATION 19 XVIII DESCRIPTIVE HEADINGS 19 XIX MISCELLANEOUS 19 XX GOVERNMENTAL REGULATIONS 20 t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J s t PIONEER NATURAL GAS COMPANY POST OFFICE BOX 511, AMARILLO, TEXAS 79105 HARRY H. WALDEN Vice President February 5, 1976 Mr. W. T. Wood Director of Utilities City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Re: Amendment dated January 1, 1976, to Gas Sales Agreement dated May 2, 1974, between Pioneer Natural Gas Company, as Seller, and City of Dear Bill: Lubbock, as Buyer. For your files, we enclose herewith a fully -executed copy of the above described amendment. Thank you for your assistance in this matter; and if we can be of further service, please let us know. /pm enclosure Very truly yours, Harry Walden t ' J/nh PF R ESO LUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authoriz. and directed to execute for and on behalf of the CITY OF LUBBOCK an 'rREEMENT between the CITY OF LUBBOCK and PIONEER NATURAL GAS ►MPANY, covering NATURAL GAS to LUBBOCK POWER & LIGHT for >ILER FUEL, attached herewith which shall be spread upon the Minutes of COUNCIL and as spread upon the Minutes of this,COUNCIL shall con- tute and be a part of this Resolution as if fully copied herein in detail. ssed by the City Council this 22nd day of January 197E ROY SS, YOR KTTEST: [reva Phillips, City ecretary- Treasurer PPROVED AS TO FORM: 1. . Fred O. Sente r, Jr.. ►J s t PIONEER NATURAL GAS COMPANY POST OFFICE BOX 511, AMARILLO, TEXAS 79105 HARRY H. WALDEN Vice President February 5, 1976 Mr. W. T. Wood Director of Utilities City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Re: Amendment dated January 1, 1976, to Gas Sales Agreement dated May 2, 1974, between Pioneer Natural Gas Company, as Seller, and City of Dear Bill: Lubbock, as Buyer. For your files, we enclose herewith a fully -executed copy of the above described amendment. Thank you for your assistance in this matter; and if we can be of further service, please let us know. /pm enclosure Very truly yours, Harry Walden GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 R GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 INDEX ARTICLE TITLE PAGE NUMBER I DEFINITIONS .1 II QUANTITY 2 III DELIVERY POINT b IV DELIVERY PRESSURE 5 V METERING 5 VI MEASUREMENT 7 VII PRICE g VIII HEATING VALUE 13 IX BILLING.AND PAYMENT 14 X QUALITY 15 XI TITLE 16 XII FORCE MAJEURE 16 XIII NOTICES 17 XIV SUCCESSORS AND ASSIGNS 18 XV MAINTENANCE OF FACILITIES 18 XVI DURATION OF AGREEMENT 19 XVII INDEMNIFICATION 19 XVIII DESCRIPTIVE HEADINGS 19 XIX MISCELLANEOUS 19 XX GOVERNMENTAL REGULATIONS 20 GAS SALES AGRIMEENT THIS AGREEMENT, made and entered into as of this 2nd day of May, A.D., 1974, by and between PIONEER NATURAL GAS CUIPANY, a Texas corporation, hereinafter referred to as "Seller," and CITY OF LUBBOCK, a municipal cor- poration, hereinafter referred to as "Buyer;rr W I T N E S S E T H: WHEREAS, Buyer is desirous of purchasing certain volumes of natural gas to be used in Buyer's municipal power plants located in Lubbock County, Texas; and WHEREAS, Buyer is purchasing certain volumes of natural gas from Seller pursuant to a Gas Sales Agreement dated July 18, 1972, which is to be cancelled and superceded effective with the effective date of this agree- ment; and WHEREAS, Seller can make available to Buyer certain volumes needed by Buyer in Buyer's municipal power plants and Seller desires to sell such volumes of natural gas to Buyer; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, Seller and Buyer do hereby mutually covenant and agree as follows: ARTICLE I DEFINITIONS Section 1. "Day" shall mean the period of twenty-four (24) con- secutive hours commencing at 7:00 A.M. on one calendar day and ending at 7:00 A.M. on the following calendar day. r Section 2. "Billing Month" shall mean the period commencing at 7:00 A.M. on the first day of a calendar month and ending at 7:00 A.M. on the first day of the following calendar month. Section 3. "Accounting Year" shall mean a yearly period commencing at 7:00 A.M. on July 1 and ending at 7:00 A.M. on the next succeeding July 1. In the event deliveries commence hereunder on a date other than July 1, the period of time from the date of first deliveries until the following July 1 shall be considered as the first accounting year. In the event de- liveries permanently cease on a date other than a July 1, the period of time from the July 1 immediately preceding the date of such delivery cessation shall be considered as the final accounting year. Section 4. The term "Mcf" shall mean one thousand cubic feet at a temperature of 60 degrees Fahrenheit and an absolute pressure of 13:60 pounds per square inch. Section 5. The term "Btu" shall mean British thermal unit. Section 6. The term "heating value" shall mean the Btu content of the gas delivered. Section 7. The term "Buyer's municipal power plants" as used herein shall mean Buyer's electrical generating plants located near the City of Lubbock in Lubbock County, Texas. ARTICLE II QUANTITY Section 1. Commencing July 1, 1974 Seller agrees to deliver to Buyer up to the following volumes of natural gas: (1) From July 1, 1974 through June 30, 1977 - 32,000 Mcf/day; (2) From July 1, 1977 through June 30, 1978 - 21,333 Mcf/day;- (3)- From July 1, 1978 through June 30, 1979 - 14,222 Mcf/day; -2- Buyer agrees to take and receive from Seller each day during the term hereof those volumes of natural gas which are made available by Seller on such day up to the total volumes required by Buyer for consumption in Buyer's municipal power plants on such day; provided, however, Buyer's ob- ligation to take and receive from Seller shall be 6,000,000 MCF during the first, second and third accounting years hereof, 4,000,000 MCF during the fourth accounting year hereof and 2,667,000 MCF during the fifth accounting year hereof. Section 2. In the event Buyer fails to take from Seller the minimum volume of gas which Buyer is obligated to take and pay for from Seller during each accounting year pursuant to the provisions of this .Article II, then Buyer shall pay Seller for that quantity of gas which equals the dif- ference between the minimum volumes Buyer was obl_Iigated to take and pay for during the applicable accounting year and the volume which Buyer did actually take and pay for. The price which Buyer shall pay Seller for such deficiency shall be the average price in effect for the accounting year the deficiency occurred. Section 3. Gas delivered under this contract is subject to cur- tailment or interruption when in the sole judgment of the Seller such cur- tailment or interruption, regardless of cause, is necessary to maintain service to consumers served on the Seller's General Service Schedule, Regular Industrial Service Schedule, or any other service schedule. The Seller shall be the sole and exclusive judge as to the necessity or desirability of cutting off or reducing the supply of gas from time to time, and the exercise of this right shall not be the basis for any claim for damages sustained by either party. In the event curtailment or interruption becomes necessary, Seller will use its best efforts to curtail all customers of the same classification -3- Buyer agrees to take and receive from Seller each day during the term hereof those volumes of natural gas which are made available by Seller on such day up to the total volumes required by Buyer for consumption in Buyer's municipal power plants on such day; provided, however, Buyer's ob- ligation to take and receive from Seller shall be 6,000,000 MCF during the first, second and third accounting years hereof, 4,000,000 MCF during the fourth accounting year hereof and 2,667,000 MCF during the fifth accounting year hereof. Section 2. In the event Buyer fails to take from Seller the minimum volume of gas which Buyer is obligated to take and pay for from Seller during each accounting year pursuant to the provisions of this .Article II, then Buyer shall pay Seller for that quantity of gas which equals the dif- ference between the minimum volumes Buyer was obl_Iigated to take and pay for during the applicable accounting year and the volume which Buyer did actually take and pay for. The price which Buyer shall pay Seller for such deficiency shall be the average price in effect for the accounting year the deficiency occurred. Section 3. Gas delivered under this contract is subject to cur- tailment or interruption when in the sole judgment of the Seller such cur- tailment or interruption, regardless of cause, is necessary to maintain service to consumers served on the Seller's General Service Schedule, Regular Industrial Service Schedule, or any other service schedule. The Seller shall be the sole and exclusive judge as to the necessity or desirability of cutting off or reducing the supply of gas from time to time, and the exercise of this right shall not be the basis for any claim for damages sustained by either party. In the event curtailment or interruption becomes necessary, Seller will use its best efforts to curtail all customers of the same classification -3- s t PIONEER NATURAL GAS COMPANY POST OFFICE BOX 511, AMARILLO, TEXAS 79105 HARRY H. WALDEN Vice President February 5, 1976 Mr. W. T. Wood Director of Utilities City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Re: Amendment dated January 1, 1976, to Gas Sales Agreement dated May 2, 1974, between Pioneer Natural Gas Company, as Seller, and City of Dear Bill: Lubbock, as Buyer. For your files, we enclose herewith a fully -executed copy of the above described amendment. Thank you for your assistance in this matter; and if we can be of further service, please let us know. /pm enclosure Very truly yours, Harry Walden GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 R GAS SALES AGREEMENT b e t w e e n PIONEER NATURAL GAS COMPANY as "Seller" and CITY OF LUBBOCK as "Euyer" Dated: July 1, 1974 INDEX ARTICLE TITLE PAGE NUMBER I DEFINITIONS .1 II QUANTITY 2 III DELIVERY POINT b IV DELIVERY PRESSURE 5 V METERING 5 VI MEASUREMENT 7 VII PRICE g VIII HEATING VALUE 13 IX BILLING.AND PAYMENT 14 X QUALITY 15 XI TITLE 16 XII FORCE MAJEURE 16 XIII NOTICES 17 XIV SUCCESSORS AND ASSIGNS 18 XV MAINTENANCE OF FACILITIES 18 XVI DURATION OF AGREEMENT 19 XVII INDEMNIFICATION 19 XVIII DESCRIPTIVE HEADINGS 19 XIX MISCELLANEOUS 19 XX GOVERNMENTAL REGULATIONS 20 GAS SALES AGRIMEENT THIS AGREEMENT, made and entered into as of this 2nd day of May, A.D., 1974, by and between PIONEER NATURAL GAS CUIPANY, a Texas corporation, hereinafter referred to as "Seller," and CITY OF LUBBOCK, a municipal cor- poration, hereinafter referred to as "Buyer;rr W I T N E S S E T H: WHEREAS, Buyer is desirous of purchasing certain volumes of natural gas to be used in Buyer's municipal power plants located in Lubbock County, Texas; and WHEREAS, Buyer is purchasing certain volumes of natural gas from Seller pursuant to a Gas Sales Agreement dated July 18, 1972, which is to be cancelled and superceded effective with the effective date of this agree- ment; and WHEREAS, Seller can make available to Buyer certain volumes needed by Buyer in Buyer's municipal power plants and Seller desires to sell such volumes of natural gas to Buyer; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, Seller and Buyer do hereby mutually covenant and agree as follows: ARTICLE I DEFINITIONS Section 1. "Day" shall mean the period of twenty-four (24) con- secutive hours commencing at 7:00 A.M. on one calendar day and ending at 7:00 A.M. on the following calendar day. GAS SALES AGRIMEENT THIS AGREEMENT, made and entered into as of this 2nd day of May, A.D., 1974, by and between PIONEER NATURAL GAS CUIPANY, a Texas corporation, hereinafter referred to as "Seller," and CITY OF LUBBOCK, a municipal cor- poration, hereinafter referred to as "Buyer;rr W I T N E S S E T H: WHEREAS, Buyer is desirous of purchasing certain volumes of natural gas to be used in Buyer's municipal power plants located in Lubbock County, Texas; and WHEREAS, Buyer is purchasing certain volumes of natural gas from Seller pursuant to a Gas Sales Agreement dated July 18, 1972, which is to be cancelled and superceded effective with the effective date of this agree- ment; and WHEREAS, Seller can make available to Buyer certain volumes needed by Buyer in Buyer's municipal power plants and Seller desires to sell such volumes of natural gas to Buyer; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, Seller and Buyer do hereby mutually covenant and agree as follows: ARTICLE I DEFINITIONS Section 1. "Day" shall mean the period of twenty-four (24) con- secutive hours commencing at 7:00 A.M. on one calendar day and ending at 7:00 A.M. on the following calendar day. r Section 2. "Billing Month" shall mean the period commencing at 7:00 A.M. on the first day of a calendar month and ending at 7:00 A.M. on the first day of the following calendar month. Section 3. "Accounting Year" shall mean a yearly period commencing at 7:00 A.M. on July 1 and ending at 7:00 A.M. on the next succeeding July 1. In the event deliveries commence hereunder on a date other than July 1, the period of time from the date of first deliveries until the following July 1 shall be considered as the first accounting year. In the event de- liveries permanently cease on a date other than a July 1, the period of time from the July 1 immediately preceding the date of such delivery cessation shall be considered as the final accounting year. Section 4. The term "Mcf" shall mean one thousand cubic feet at a temperature of 60 degrees Fahrenheit and an absolute pressure of 13:60 pounds per square inch. Section 5. The term "Btu" shall mean British thermal unit. Section 6. The term "heating value" shall mean the Btu content of the gas delivered. Section 7. The term "Buyer's municipal power plants" as used herein shall mean Buyer's electrical generating plants located near the City of Lubbock in Lubbock County, Texas. ARTICLE II QUANTITY Section 1. Commencing July 1, 1974 Seller agrees to deliver to Buyer up to the following volumes of natural gas: (1) From July 1, 1974 through June 30, 1977 - 32,000 Mcf/day; (2) From July 1, 1977 through June 30, 1978 - 21,333 Mcf/day;- (3)- From July 1, 1978 through June 30, 1979 - 14,222 Mcf/day; -2- GAS SALES AGRIMEENT THIS AGREEMENT, made and entered into as of this 2nd day of May, A.D., 1974, by and between PIONEER NATURAL GAS CUIPANY, a Texas corporation, hereinafter referred to as "Seller," and CITY OF LUBBOCK, a municipal cor- poration, hereinafter referred to as "Buyer;rr W I T N E S S E T H: WHEREAS, Buyer is desirous of purchasing certain volumes of natural gas to be used in Buyer's municipal power plants located in Lubbock County, Texas; and WHEREAS, Buyer is purchasing certain volumes of natural gas from Seller pursuant to a Gas Sales Agreement dated July 18, 1972, which is to be cancelled and superceded effective with the effective date of this agree- ment; and WHEREAS, Seller can make available to Buyer certain volumes needed by Buyer in Buyer's municipal power plants and Seller desires to sell such volumes of natural gas to Buyer; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, Seller and Buyer do hereby mutually covenant and agree as follows: ARTICLE I DEFINITIONS Section 1. "Day" shall mean the period of twenty-four (24) con- secutive hours commencing at 7:00 A.M. on one calendar day and ending at 7:00 A.M. on the following calendar day. r Section 2. "Billing Month" shall mean the period commencing at 7:00 A.M. on the first day of a calendar month and ending at 7:00 A.M. on the first day of the following calendar month. Section 3. "Accounting Year" shall mean a yearly period commencing at 7:00 A.M. on July 1 and ending at 7:00 A.M. on the next succeeding July 1. In the event deliveries commence hereunder on a date other than July 1, the period of time from the date of first deliveries until the following July 1 shall be considered as the first accounting year. In the event de- liveries permanently cease on a date other than a July 1, the period of time from the July 1 immediately preceding the date of such delivery cessation shall be considered as the final accounting year. Section 4. The term "Mcf" shall mean one thousand cubic feet at a temperature of 60 degrees Fahrenheit and an absolute pressure of 13:60 pounds per square inch. Section 5. The term "Btu" shall mean British thermal unit. Section 6. The term "heating value" shall mean the Btu content of the gas delivered. Section 7. The term "Buyer's municipal power plants" as used herein shall mean Buyer's electrical generating plants located near the City of Lubbock in Lubbock County, Texas. ARTICLE II QUANTITY Section 1. Commencing July 1, 1974 Seller agrees to deliver to Buyer up to the following volumes of natural gas: (1) From July 1, 1974 through June 30, 1977 - 32,000 Mcf/day; (2) From July 1, 1977 through June 30, 1978 - 21,333 Mcf/day;- (3)- From July 1, 1978 through June 30, 1979 - 14,222 Mcf/day; -2- Buyer agrees to take and receive from Seller each day during the term hereof those volumes of natural gas which are made available by Seller on such day up to the total volumes required by Buyer for consumption in Buyer's municipal power plants on such day; provided, however, Buyer's ob- ligation to take and receive from Seller shall be 6,000,000 MCF during the first, second and third accounting years hereof, 4,000,000 MCF during the fourth accounting year hereof and 2,667,000 MCF during the fifth accounting year hereof. Section 2. In the event Buyer fails to take from Seller the minimum volume of gas which Buyer is obligated to take and pay for from Seller during each accounting year pursuant to the provisions of this .Article II, then Buyer shall pay Seller for that quantity of gas which equals the dif- ference between the minimum volumes Buyer was obl_Iigated to take and pay for during the applicable accounting year and the volume which Buyer did actually take and pay for. The price which Buyer shall pay Seller for such deficiency shall be the average price in effect for the accounting year the deficiency occurred. Section 3. Gas delivered under this contract is subject to cur- tailment or interruption when in the sole judgment of the Seller such cur- tailment or interruption, regardless of cause, is necessary to maintain service to consumers served on the Seller's General Service Schedule, Regular Industrial Service Schedule, or any other service schedule. The Seller shall be the sole and exclusive judge as to the necessity or desirability of cutting off or reducing the supply of gas from time to time, and the exercise of this right shall not be the basis for any claim for damages sustained by either party. In the event curtailment or interruption becomes necessary, Seller will use its best efforts to curtail all customers of the same classification -3- Buyer agrees to take and receive from Seller each day during the term hereof those volumes of natural gas which are made available by Seller on such day up to the total volumes required by Buyer for consumption in Buyer's municipal power plants on such day; provided, however, Buyer's ob- ligation to take and receive from Seller shall be 6,000,000 MCF during the first, second and third accounting years hereof, 4,000,000 MCF during the fourth accounting year hereof and 2,667,000 MCF during the fifth accounting year hereof. Section 2. In the event Buyer fails to take from Seller the minimum volume of gas which Buyer is obligated to take and pay for from Seller during each accounting year pursuant to the provisions of this .Article II, then Buyer shall pay Seller for that quantity of gas which equals the dif- ference between the minimum volumes Buyer was obl_Iigated to take and pay for during the applicable accounting year and the volume which Buyer did actually take and pay for. The price which Buyer shall pay Seller for such deficiency shall be the average price in effect for the accounting year the deficiency occurred. Section 3. Gas delivered under this contract is subject to cur- tailment or interruption when in the sole judgment of the Seller such cur- tailment or interruption, regardless of cause, is necessary to maintain service to consumers served on the Seller's General Service Schedule, Regular Industrial Service Schedule, or any other service schedule. The Seller shall be the sole and exclusive judge as to the necessity or desirability of cutting off or reducing the supply of gas from time to time, and the exercise of this right shall not be the basis for any claim for damages sustained by either party. In the event curtailment or interruption becomes necessary, Seller will use its best efforts to curtail all customers of the same classification -3- in the immediate vicinity proportionately. In this instance,_the term "same classification" shall mean electric production and distribution systems and the term "immediate vicinity" shall mean that area of the Seller's system affected by such curtailment or interruption. Section 4. In the event an interruption in, or curtailment of, deliveries shall become necessary or advisable, Seller shall at once notify Buyer by telephone, telegraph or other means, of the nature, extent and probable duration of such interruption or curtailment. Buyer shall resume the taking of gas within a reasonable length of time following notification by Seller that gas is again available. Section 5. In the event the delivery of gas is interrupted or curtailed at the request of Buyer pursuant to Article XII or at the request of the Seller, then, and in such event, the minimum volume of gas herein contracted for shall be reduced by 1/365th of such minimum annual volume for each day or portion of a day that the delivery of gas hereunder was interrupted or curtailed. ARTICLE III DELIVERY POINT Section 1. The delivery of gas hereunder shall be made at a point located at Buyer's power plants in the City of Lubbock. Section 2. Sufficient space for a meter, or meters and regulators, is to be furnished free by Buyer at a location to be agreed upon at each municipal power plant. Section 3. Buyer agrees to assign to Seller sufficient easements and rights of way over, across and under any land that Buyer has the right so to do, and the right to perform thereon any acts necessary for carrying -4- out the terms of this contract. ARTICLE IV DELIVERY PRESSURE Section 1. Deliveries shall be made at the pressure requested by Buyer, but not to exceed 75 pounds per square inch absolute, except de- liveries may be made at higher pressures if neither party objects. ARTICLE V METERING Section 1. Seller, at its sole cost, risk and expense, shall install, maintain and operate at the point or points of delivery hereunder a standard type orifice or positive meter or meters for measuring the volume of all gas purchased by Buyer hereunder and Seller shall cause said meters to be read daily or at other mutually agreeable intervals. Orifice meters and other facilities so installed at the point of delivery shall be constructed and installed in accordance with the specifications prescribed in Article VI. Section 2. Said meters and all meter readings and meter charts shall be accessible at all reasonable times to inspection and examination by Buyer, but the calibration and adjustment of Seller's meter or meters shall be done by Seller. Seller may destroy meter charts and other records after two years. Section 3. Buyer may install, maintain and operate such check measuring equipment as it desires, provided that such check meter and equip- ment shall be so installed as not to interfere with the operation of Seller's meters. Section 4. Each such orifice meter installed by Seller shall be calibrated at least.once each thirty (30) days by and at the expense of -5- Seller, in the presence of Buyer's representative if Buyer so desires.. Seller shall give Buyer or Buyer's designated representative notice of each such calibration test in sufficient time to enable Buyer to have its representative present. If upon any such test, the measuring equipment is found to be not more than two per cent (2%) erroneous in the aggregate, previous readings of such equipinent shall be considered correct in computing the deliveries of gas hereunder, but such equipment sha�l be adjusted at once to read ac- curately. If upon any test the measuring equipment shall be found to be inaccurate in the aggregate by an amount exceeding two per cent (2%) at a reading corresponding to the average rate of flow for the period since the last preceding test, then any previous reading of such equipment shall be corrected to zero error for any period which is known definitely or agreed upon, but in case the period is not known definitely or agreed upon, then for a period extending back one-half (1/2) of the time elapsed since the date of the last test, but not to exceed thirty (30) days. If for any reason any meter is out of service or out of repair so that the volume of gas pur- chased cannot be ascertained or computed from the reading thereof, the volume of gas purchased during the period such meter is out of service or out of repair shall be estimated or agreed upon by the parties hereto on the basis of the best data available using the first of the following methods which is feasible: (a) By using the registration of Buyer's check meter if installed and accurately registering. (b) By correcting the error in Seller's meter if the . percentage of error is ascertainable by calibration test or mathematical calculation. (c) By estimating the volume of delivery by using as a ME basis the volumes delivered during preceding periods under similar conditions when the meter was registering accurately. ARTICLE VI MEASUREMENT Section 1. All measurement of gas hereunder shall be in accordance with the recommendations for measuring gas contained in Report No. 3 of the Gas Measurement Conmittee of the American Gas Association dated April, 1955, including the supplements and revisions thereto, or other generally accepted tables relating to gas measurement applied in a practical and ap- propriate manner. Correction shall be made for deviation from Ideal Gas Laws as provided for in Section 5 of this Article VI. Section 2. An assumed atmospheric pressure of thirteen and one- tenth (13.1) pounds per square inch absolute at the delivery point shall be utilized for measurement purposes, irrespective of any variation of the actual atmospheric pressure from such assumed pressures. Section 3. Seller shall, at its sole cost, risk and expense, install, maintain and operate a recording thermometer of standard manufacture, so that it may properly record the temperature of gas flowing through Seller's meter or meters. The arithmetical average of the twenty-four (24) hour record, or that portion of the twenty-four (24) hours during which gas was passing, shall be assumed to be the temperature of the gas for that period and shall be used in making proper computations of measurement. Section 4. Seller shall, at its sole cost, risk, and expense, install maintain and operate a recording gravitometer of standard manufacture, so that it may properly record the gravity of the gas flowing through Seller's orifice meter or meters. The gravity so determined shall be used in the -7- computations of measurement. In the event Seller has installed, or shall in the future install, a recording-gravitometer at a point on its system which properly records the specific gravity of the total stream, a portion of which is sold hereunder, said gravitometer may be used to ascertain the specific gravity for which correction is to be made. Seller may, at its option, install a composite sampling device at the delivery point hereunder and the specific gravity may be determined as often as may be found necessary in practice from samples obtained by such devices. Section 5. The deviation of the gas from the Ideal Gas Laws shall be determined by tests at one (1) year intervals or at such other intervals as may be found necessary in practice, or as may be requested by Buyer. Buyer shall not request such test more frequently than once every three months. Such tests shall be made by a mutually agreeable industry accepted method. Each test shall determine the correction to be used in computing the volume of gas delivered hereunder until the next such test is made. Section 6. Each party hereto, or its designated representative shall conduct the tests and determinations under this Article VI which are to be made with equipment owned or to be furnished by said party, but the party making such test or determination shall give the other party, or its designated representative, notice of each such test or determination in sufficient time to enable said other party to have its representative present. ,ARTICLE VII PRICE Section 1. The base price, subject to the adjustments as provided for in Sections 2, 3 and 4 of this Article VII, to be paid for gas delivered hereunder and measured as herein provided for shall be the sum of (1) Seller's latest available weighted average cost of gas to Seller's West Texas Transmission 10 System plus (2) the sum of 12.9 per Mcf. Section 2. The base prices as provided for in Section l of this Article VII shall be adjusted upward or downward three one -hundredths of one cent (3/100ths of 1¢) per Mcf for each point that the Consumer Price Index, as published by the Bureau of Labor Statistics, is above or below 120 (such index using the 1967 base of 100). In the event the 1967 base of 100 used in determining the Consumer Price Index is amended or supplemented, then the factors used in determining the price adjustment pursuant to this Section 2 shall be appropriately amended or supplemented. In the event the Consumer Price Index is terminated, then the parties shall adopt another method of price adjustment which is mutually agreeable to both parties. The Consumer Price Index for the purpose of this Section 2 shall be rounded off to the nearest whole number. It is agreed between the parties that the price adjustment, pursuant to this Section 2, for the preceding month's deliveries shall be based on the Consumer Price Index for the third preceding month. Section 3. The above price provisions, as adjusted, are based on the delivery of natural gas having an average heating value of 1,000 British thermal units per cubic foot. Should the average total heating value of the gas delivered in any billing period be more than 1,000 British thermal units per cubic foot, or less than 1,000 British thermal units per cubic foot, the total charge for such month shall be increased or decreased respectively in the percentage by which the average total heating value.of such gas is greater than 1,000 British thermal units per cubic foot, or less than 1,000 British thermal units per cubic foot. Section 4. If Seller's Board of Directors increases Seller's composite depreciation rate from the present composite rate of 4%, the base price as provided for in'Section 1 of this Article VII shall be adjusted upward as follows: For each one-half of one percent (or dollar equivalent) by which the present composite rate of 4% is increased, the base price as provided for in Section l shall be increased by 1¢ per Mcf; provided, the maximum increase pursuant to this Section 4 shall be 2¢ per Mcf; and, provided further, that no such adjustment shall be effective prior to January 1, 1976. Section 5. For the purpose of this agreement the term "weighted average cost of gas to Seller's West Texas Transmission System" shall mean the average price per Mcf of all gas purchased by Seller, for utilization in Seller's West Texas Transmission System or its Delaware Basin Division, computed to the nearest one-hundredth of one cent and shall be determined by dividing the total dollar amounts paid or accrued on Seller's books for all such gas purchased by Seller during the applicable billing month by the total number of Mef of gas purchased by Seller during such applicable billing month, adjusted to the same pressure base as gas sold hereunder and shall include in addition to the cost of gas itself, amounts expended which are accrued by Seller to parties other than Seller for the purchase, transportation, gathering, treating or handling of gas, taxes attributable to the purchase or production of such gas and other similar actual amounts borne by Seller and paid or payable to parties other than Seller, but shall not include any charges attributable to Seller's amortization of its own facilities, Seller's overhead charges, Seller's direct labor or maintenance expense, or similar expenses of Seller;.provided, however, if any gas purchased by Seller requires treating by Seller for the removal of hydrogen sulphide and/or organic sulphur -10- and/or carbon dioxide and/or water vapor.. Seller's total cost of treating such gas, including shrinkage, amortization of facilities, overhead charges, direct labor costs and maintenance expense, shall be added to the cost of such gas. Should Seller purchase gas for utilization in Seller's West Texas Transmission System or its Delaware Basin Division under a contract or con- tracts containing a Btu adjustment clause, the volumes of gas purchased under such contract or contracts shall be adjusted in determining the total number of Mcf of gas purchased by Seller during such month for the purpose of this Section 5 of Article VII by multiplying the volumes of gas purchased under any such contract by a fraction, the numerator of which is the average Btu per cubic foot of gas purchased under such contract and the denominator of which is 1,000. If any portion of the cost of gas or of any taxes which have been paid by Seller is refunded to Seller., or if Seller is required by the terms of any gas purchase contract, or of any agreed settlement of a disputed claim, or by a determination or judgment of a regulatory body or court having or asserting jurisdiction, to make retroactive payments with respect to gas previously purchased by Seller, then appropriate adjustments to compensate therefor shall be made in the price payable for gas delivered by Seller to Buyer hereunder as soon as practicable after the time of such cancellation, refund or retroactive payment; provided, that the period during which such adjustments are to be made shall be determined by Seller subject only to the condition that the same shall be made within a reasonable period of time, taking into consideration the total amount of any such cancellation, refund or retroactive payment, but no adjustments as provided for herein shall be made after this contract has terminated except with respect to items cancelled, refunded or paid prior to the date of such termination, -11- • nor shall any adjustments as provided for herein be made with respect to any gas purchased by Seller prior to the first delivery of gas to Buyer hereunder. Nothing contained in this contract shall prevent Seller from entering into any amendment, modification, renewal, extension or replacement of any existing or future gas purchase contract or contracts between Seller and any of its gas suppliers. In the event Seller appears as a party before a regulatory agency in a matter which will affect the rates established in this contract, Seller shall give Buyer reasonable notice of such hearing to enable Buyer to prepare and appear at such hearing. An appearance by Buyer shall not waive any rights under this contract or prejudice its position under this contract. Section 6. Within 180 days prior to January 31, 1976, and each January 31 thereafter during the term of this agreement, as it may be extended from time to time, representatives of Buyer and Seller shall meet to de- termine if this agreement is to be extended and the terms and conditions of any such extension, it being the intention of the parties that so long as Buyer requires gas supplies at its said municipal power plants which may be satisfied in whole or in part by Seller upon terms and conditions ac- ceptable to both parties, that the parties shall endeavor to reach agreement to extend the contract so that it will have a termination date five years from the preceding June 30. In the event that the parties do not agree upon such extension and the terms and conditions thereof, then this agreement shall terminate in accordance with its terms. Section 7. In addition to the price to be paid for gas .delivered hereunder Buyer agrees to pay Seller an amount equal to all of any increased, additional or new production, severance, gathering, processing, transmission, -12- • . sales or delivery taxes in excess of or in addition to those in existence on January 1, 1974, which are levied upon or.attributable to all or any portion of such gas, the value thereof or the processing or handling thereof before the delivery of such gas to Buyer or in connection with such delivery, but only to the extent such taxes are not included in the weighted average cost of gas to Seller's West Texas Transmission System as defined in Section 5 of this Article VII. All taxes levied on such gas after delivery shall be paid by Buyer. Applicable rulings or orders of governmental representatives in charge of the administration of any law or ordinance increasing or creating any such tax shall be binding and conclusive upon Buyer until such time as the invalidity thereof has been finally established by the decision of a court of competent jurisdiction. Buyer shall be entitled to reimbursement from Seller to the extent of any payments made by it to Seller pursuant to this Article VII which may subsequently be refunded to Seller by the taxing authority. Buyer shall not be obligated to reimburse Seller for any ad valorem taxes on properties or for taxes which are based upon or measured by the natural gasoline or other liquefied hydrocarbon content extracted from the gas before delivery to Buyer. Section 8. For the purpose of billing and accounting for gas delivered hereunder, Seller will use its usual calculations in Seller's determination of the weighted average price, as defined in Section 5 of this Article VII, of gas purchased by Seller during any applicable period and nothing herein shall be construed so as to require Seller to change such procedure. ARTICLE VIII HEATING VALUE Section 1. The Btu content of the gas delivered hereunder shall -13- be determined for a cubic foot of gas at a temperature of sixty (60) degrees Fahrenheit, at an absolute pressure equivalent to that of thirty (30) inches of mercury, saturated with water vapor. Such total heating value of the gas delivered shall be determined by a continuous sampling device to be installed, maintained and operated by Seller at its sole cost, risk and expense. Section 2. The average total heating value per cubic foot of gas shall be determined for any billing period by taking the arithmetic average of the heating value as determined pursuant to Section 1 of this Article, and such average total heating value shall be used in adjusting the price provisions'hereunder. In the event Seller has, or shall in the future install, a recording calorimeter at a point on its system which properly records the heating value of the total stream a portion of which is sold hereunder, said calorimeter may be used to ascertain the heating value for which correction is to be made. ARTICLE IX BILLING AND PAYMENT Section 1. On or before the 20th day of each calendar month, Seller shall render a statement to Buyer giving the total volume of gas purchased hereunder during the preceding monthly period, such statements to be rendered in accordance with this contract, and shall include any amounts due for tax reimbursement under the provisions of Article VII hereof; provided, however, if the amount of reimbursement to Seller cannot be determined currently, Seller may bill Buyer and Buyer shall make payment therefor within.a rea- sonable period after such amount becomes determinable. Section 2. Payment shall be made by Buyer to Seller within ten (10) days after receipt of the statement. -14- Section 3. Seller shall render to Buyer on or before the first day of March each year a statement setting out the amount of gas, if any, by which Buyer failed to take Buyer's minimum annual purchase obligation during the preceding accounting year as provided in Article II hereof and the amount of money due therefor. Buyer shall pay to Seller the amount duewithin30 days after receipt by Buyer of such statement. Section 4. All statements, bills and payments shall be subject to correction of any errors contained therein until the expiration of one 11 year after date of payment. Section 5. Any amounts due for gas hereunder remaining unpaid after the due date for each payment provided for herein shall bear interest at the rate of seven per cent (7%) per annum until paid. ARTICLE X QUALITY Section 1. Gas delivered by Seller hereunder shall conform to the following specifications: (a) Liquids: The gas shall be commercially free from water and hydrocarbons in liquid form. (b) Hydrogen Sulphide: The gas shall not contain more than one (1) grain of hydrogen sulphide per one hundred (100) cubic feet. -(c) Organic Sulphur: The gas shall not contain more than twenty (20) grains of organic sulphur per one hundred (100) cubic feet. (d) Carbon Dioxide: The gas shall not contain more than three per cent (3%) carbon dioxide by volume. -15- (e) Dust, Gums, etc: The gas shall be commercially free of dust, gums, and other solid matter. (f) Water Vapor: The gas shall not contain more than nine (9) pounds of water in the vapor phase per million cubic feet. (g) Heating Value: The gas shall have a gross heating value of not more than twelve hundred fifty (1250) and not less than nine hundred fifty (950) British thermal units per cubic foot. (h) Temperature: The temperature of the gas shall not exceed one hundred twenty (120) degrees Fahrenheit. ARTICLE XI TITLE Section 1. Seller shall be in control and possession of the natural gas delivered hereunder and responsible for any damage or injuries caused thereby until the same shall have been delivered to Buyer at the point ' of delivery, after which delivery Buyer shall be deemed to be in exclusive control and possession thereof and responsible for any such damages or injuries. Section 2. Seller expressly warrants its title to and rights to sell the gas to be delivered hereunder free and clear of all liens and Seller will hold Buyer harmless against adverse claims thereon. ,ARTICLE XII FORCE MAJEURE Section 1. The obligations of either party hereto shall be sus- . pended during such time as such party is prevented from complying therewith in whole or in part by acts of God, strikes, war, lockouts, orders or decrees of any lawfully constituted state, federal or local body, temporary failure -16- . of Seller's gas supply due to causes or conditions reasonably beyond Seller's control, or other causes or conditions reasonably beyond the control of either party, whether like or unlike those herein enumerated or on account of either party making necessary repairs to or replacements of facilities used in the delivery, receipt, transmission or utilization of gas, or because of any other cause, except financial, beyond the reasonable control of such party. Section 2. In the event of either Buyer or Seller being rendered unable wholly or in part by force majeure to carry out its obligations under this agreement, other than to make payments due hereunder, it is agreed that on such party giving notice and full particulars of such force majeure in writing or by telegraph to the other party as _soon as possible after the occurrence of the cause relied on, then the obligations of the parties insofar as they are affected by such force majeure, shall be suspended during the continuance of any inability so caused but for no longer period, and such cause shall as far as possible be remedied with all reasonable dispatch. Section 3. The settlement of strikes or lockouts shall be entirely within the.discretion of the party having the difficulty, and the above requirements that any force majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes or lockouts by acceding to the demands of opposing party when such course is inadvisable in the discretion of the party having the difficulty. ARTICLE XIII NOTICES Section 1. Notices to be given hereunder, unless otherwise desig- nated in writing, shall be deemed sufficiently given and served when deposited in the United'States mail, postage prepaid and certified or registered to -17- the following addresses: To Seller: Pioneer Natural.Gas Company P. 0. Box 511 Amarillo, Texas 79163 To Buyer: City of Lubbock P. 0. Box 2000 Lubbock, Texas 79457 Section 2. Routine communications, including monthly statements and payments, shall be considered duly delivered when mailed, postage prepaid, by either first class or certified mail to the above addresses, or to such other address as may be mutually agreed upon. ARTICLE XIV SUCCESSORS AND ASSIGNS Section 1. This agreement may not be assigned by either party without the written consent of the other party. Section 2. Either party may assign its rights, title and interest in, to and under this agreement to a trustee or trustees, individual or corporate, as security for bonds or other obligations or securities, without such trustee or trustees assuming or becoming in any respect obligated to perform the obligations of the assignor under this agreement, and, if any such trustee be a corporation, without its being required to qualify to do business in any.state in which any performance of this agreement may occur. However, such assignment, for security purposes, shall not relieve the assigning party of any of its obligations under this agreement. ARTICLE XV MAINTENANCE OF FACILITIES Section 1. Each party hereto shall maintain the equipment, in - eluding meters and facilities owned by it and used in its performance hereof -18 in good, safe, efficient operating condition and repair. ARTICLE XVI DURATION OF AGREEMENT Section 1. This agreement shall be effective as of 7:00 A.M. on the first day of July, 1974 and shall continue and remain in full force and effect for a term ending the 30th day of June, 1979, unless extended by agreement of the parties pursuant to the terms of Section 6 of Article VII hereof. ARTICLE XVII INDEIVNIFICATION Section 1. Seller agrees to indemnify and hold harmless Buyer against any and all loss, cost, claim or demand on account of any damage to property or injury to persons arising or resulting from Seller's operations hereunder. Buyer agrees to indemnify and hold harmless Seller against any and all loss, claim or demand on account of any damage to property or injury to persons arising or resulting from Buyer's operations hereunder. ARTICLE XVIII DESCRIPTIVE HEADINGS Section 1. The descriptive headings of the provisions of this agreement are formulated and used for convenience only and shall not be deemed to affect the meaning or construction of any such provisions. ARTICLE XIX MISCELLANEOUS Section 1. It is agreed and understood that the supply and delivery of gas from Seller's lines as contemplated by this contract is not within the objects or purposes of Seller in constructing, operating and maintaining -19- • said lines but is merely incidental to the construction, operation and maintenance of such lines to furnish domestic and commercial service in cities and towns connected to its system. It is expressly understood and agreed that this agreement shall cancel and supercede the Gas Sales Agreement between the parties hereto dated July 18, 1972, effective with the effective date and time of this agreement as set forth in Article XVI hereof. ARTICLE XX' GOVERNMENTAL REGULATIONS Section.l. This agreement is made subject to all present and future valid laws of the State of Texas and the United States, and regulations or orders of duly constituted governmental authorities having or asserting juris- diction which are applicable to the subject matter hereof and effective from time to'time. In the event any governmental authority having or asserting jurisdiction over the prices charged hereunder, or.the weighted average cost of purchased gas, directly or indirectly establishes a price to be charged hereunder, then any such price shall be treated for all purposes as the • contract price, subject only to adjustment in the event of subsequent change in suYl-Price,. y+EXTED as of the day and year first above written. .ATTEST: Y/ - CITY.OF LUBBOCK By Secretary Its Mayor ATTEST.;, . NTSM-. tary N. Ray Simpson 'Approved es to form: _20_ Fred 0. 3enter, Jr., City Attorne PIONEER NATURAL GAS COMPANY Vi PAsiddht PIONEER. NATURAL GAS COMPANY &76- (ADVL-jwofPIONEERQ.oaPORA1'0N} -7 BARRY H. WALDEN Vice President February 4, 1976 General Contract Memorandum Subject: Amendment dated 'January 1., 1976, to Gas. Sales Agreement dated May 2, 1974, between PIONEER NATURAL GAS COTAPANYj_ as Seller, and CITY OF LUBBOCK, as Buyer. Copies of Agreement have been distributed as fo11c;vs: Customer 1 executed copy Distribution 1 xerox copy to M. B ..Edqui.st 1;xerbx : copy. to Larry R. Shorts-1, 1 xerox copy to District Manager Amarillo Gas 11easurement l xerox copy to Guy Bufkixi Rate Accounting 1 xerox copy -W J. V. Huber I xerox copy to Gerald Joy Gas-Accounting 1 xerox copy to Jack Raney 1 xerox copy to Bill Heien Gas Supply 1 xerox copy to Turner King Budget 1 xerox copy. to Gene Turner Corporate File Original to Corporate Records Contract File 1 executed copy to Harry* ii. Walden nricrnn:M•r rtn: 4f1 InMnF'�� r. rcvnc 7n�i:'> IP4!`l'Jt' nnr: -x7i; .;8; el TWX 916 M8.4108 AMENDWENT TO rW3 SALES ACCREW.ENT THIS AMMENT made and entered into as of the lst day of January, A.D. 1976, by and between PIONEER NATURAL G..0.., CO -MANY, a division of Pioneer Corporation, a Texas corporation (hereinafter referred. to as "Seller"), and CITY OF LUBBOCK: a municipal corporation (hereinafter referred to as ''Buyer`? ); ti�IIEREA.S, Seller and Buyer have heretofore on the 2nd da* y of May, 1974 entered into an agreement relating to the purchase and sale of gas for use in Buyer's municipally ovme.d power plants located in Lubbock County, Texas; and, YIHEM-S., the parties desire to amend said Agreement; NOP:►, THEREFORE, in consideration of the mutual covenants and agree– ments contained in the original Agreement and contained herein, and other and t further valuable considerations, the parties do hereby mutually covenant and agree as follows: Sections 3 and 4 of Article I of said Agreement are hereby deleted in their entirety and the following .Sections 3 and 4 are substituted in lieu thereof ARTICLE I DEFINITIONS Section 3. "Accounting Year" shall mean a yearly period commencing at 7:00 a.m. on January 1 and ending at 7:00 a.m. on the next succeeding January 1. In the event deliveries commence hereunder on a date other than January 1, the period of time from the date of first deliveries until the next following, January 1 shall be considered as the fiarst accounting year. In the event deliver?es permanently cease on a date other than a January 1, the period of time from the January 1 immediately preceding the date of such delivery ces seti.on shall be considered as the final accounting year. Section 4. The term "'Kef11 shall mean one thousand cubic feet at a temperature of 6- degrees Fahrenheit and an absolute pressure of 14.65 pounds per square inch. ,. 16 II. - .Section I of Article II of said Agreement is hereby deleted in its entirety and the follovring Section.1 is substituted in.lieu thereof: ARTICLE II QUA11TITY Section 1. Except as provided in Section 6 of Article VII hereof, Seller agrees to deliver to Buyer up to 36,000 Mcf/day. Buyer agrees to take and receive. from Seller each day during the term hereof those volumes of natural gas Which are made. available by Seller on such day up to the total volumes required by Buyer for consumption in Buyer's municipal power plants on such day; provided., however, Buyer's obliga- tion to take and receive from .Seller shall be 6,000,000 lltef during each. Account- ing Year, or if tendered to Buyer and not received, to nevertheless pay for such minimum volumes at the price then in effect; provided, however, if Buyer and Seller fail to agree on price as provided in Section -6 of Article VII, then Buyer's obligation to take and receive gas shall.be reduced in the same propor- tion as Seller's obligation to deliver such gas as provided in -said section. Sections 1, 2, 5, 6, 7 and 8 of Article VII are hereby deleted in their entirety and the following is substituted in lieu thereof: ARTICLE VII PRICE .Section 1. Commencing January 1, 1976 and continuing through the re- maining term o` f this Agreement, Buyer shall pay Seller for gas delivered here. under and measured as herein provi3ed for a price equal to the sum.of: (1) Seller's weighted average cost of purchased gas as defined in Section 5 of this Article VII, plus (2) an increment of fifteen cents (15�) per lfcf which increment shall increase one cent (1;,f) per Mef on February 1, 1976 and shall increase an ad- ditional one cent (lye) per r:Zcf each Month thereafter for the next eight (8) months. Section 2. The prices as provided for in Section 1 of this Article VII shall be adjusted upvmrd or dovmvrard three one -hundredths of one cent (3/100ths of 1V) per Mef for each point that the Consumer Price Index, as pub- lished by the Bureau of Labor Statistics, is above or below 165.6 (such Index using the 1967 base of 100). In the event the 1967 base of 100 used in deter mining the Consumer Price Index is amended or supplemented, then the factors used in determining the price adjustment pursuant to this Section 2 shall be appropriately amended or supplemented. In the event the Consumer Price Index is terminated, then the parties shall adopt another method of price adjustment which is mutually agreeable to both parties. The Consumer Price Index for the -2- purpose of this section shall be rounded off to the nearest chole number. It is agreed between the parties that the price adjustment pursuant to this Section 2 for the preceding month's deliveries shall be based on the Consumer Price Index for the third preceding month. Section 5. For the purpose of this Agreement the term "weighted average cost of purc steed gas'° shall mean the average price per one thousand (1,000) cubic feet paid by Seller for all gas purchased by.Seller, for utilization in Seller's West Texas Transmission and Delaware Basin Divisions, computed to the nearest one-hundredth of one cent and shall be determined by dividing the total dollar amounts paid or accrued on Seller's books for all such gas purchased by Seller during the applicable billing month by the total number of Mef of gas purchased by Seller during such applicable billing month, adjusted to the same pressure base as gas sold hereunder and shall include in addition to the cost of gas itself: (1) Interest charged at the prime rate in effect on the first day of each month upon funds advanced for gas development or dedicated volumes based upon the outstanding portion of such advancements; (2) Amortization over a five. -year period of advances for gas supply development Which is non-productive; and (3) Amounts expended Which are accrued by Seller to parties other than Seller for the purchase, transportation, gathering, compressing, treating, or handling of gas, taxes attributable to the purchase or production of such gas and other similar. actual amounts borne by Seiler and paid or payable to parties other than Seller, but shall not include any charges attributable to Seller's amortiza- tion of its own facilities, Seller's overhead charges, Seller's direct labor or } maintenance expense, or similar expenses of Seller; provided, however, if any gas purchased by Seller requires treating by Seller for the removal of hydrogen sulfide and/or organic sulfur and/or carbon dioxide and/or nater vapor, Seller's total cost of treating such gas, including,shrinkage, amortization of facilities, overhead charges, direct labor and maintenance 'expense., shall be added to the cost of such gas. Should Seller purchase gas for utilization in Seller's .'`est Texas Transmission and Delaware Basin Divisions under a contract or contracts containing a Btu adjustment. clause, the voiuines of. gas purchased under such contract or contracts shall be adjusted in determining the total number of 116f of gas purchased by Seller during such month for the purpose of this.Section 5 of -Article VII by multiplying the volumes of gas purchased under any such con- tract by a fraction; the numerator of which is the average Btu per thousand cubic feet of gas pirchased under -such contract and the denominator of which -is 1,000 If any portion of the cost of gas or of any taxes tnhich have been paid by Seller is refunded to Seller, or if Seller is required by the terms of any gas purchase contract, or of any agreed settlement of a disputed claim, or by a determination or judgment of a regulatory body or court having or asserting jurisdiction, to make retroactive payments with respect to gas previously pur- chased by Seller then appropriate adjustments to compensate therefor shall be made in the price payable for gas delivered by Seller to Buyer hereunder as soon as practicable• after the time of such cancellation, refund or retroactive payment, provided, that the period during which such adjustments are to be made shall be determined by Seller subject only to the condition that the same shall be made ulthin a reasonable period of time, taking into consideration the total amount of any such cancellation, refund or retroactive payment, but no adjustments as provided for herein shall be made after this Agreement has terminated except with respect to items cancelled, refunded or paid prior to the -date of such termination, nor shall any adjustments as provided for herein be Made with respect to any gas purchased by Seller prior to the first delivery of gas to Buyer hereunder. Nothing contained in this Agreement shall prevent Seller from entering into any amendment, modification, renewal, extension or replacement of any existing. or future gas purchase contract or'contracts between Seller and any of its gas suppliers. Section 6. It is the intention of the parties that so long as Buyer requires gas supplies for Buyer's municipal power plants which may be satisfied. in whole or in part by Seller upon terms and conditions acceptable to both parties, the parties shall endeavor to reach agreement to continue the contract so that it will have a termination date five years from each January 1. To that end, the parties will meet %rithin.180 days prior to each January 1, the first such meeting to take place during the 180 day period prior to January 1, 1977, in order to meet and determine Whether or not the contract is to be con- tinued and the terms of any such continuation. In the event that the parties reach agreement, then such contract shall be deemed to be continued for a five- year term commencing the succeeding January 1 and Seller will deliver the volumes for such five-year period as set forth in Article II. In the event that the parties do not agree upon such continuation, then the contract shall be deemed to continue for the five-year period commencing from the succeeding :January. 1. By way of example, and without expanding or limiting the above and foregoing, the parties shall meet within 180 days prior to January 1, 1977. If, during that period the parties agree that Buyer shall require the volumes set... forth in Article II which Seller can deliver and the terms of any such delivery, then the deliveries under the contract shall continue for a period of five years commencing January 1, 1977 at the volumes set forth in Section 1 of said Article II. In the event the parties do not agree, then the. contract shall expire at the, end of five vears commencing January 1, 1977 and Seller shall deliver up to 36,000 fief ver day for the aceountinLr vears 1977, X978 7 24,000 7Ccf per day for the accounting year 1980 and 12,000 RRcf per day` for the accounting seer 1 :;1, Section 7. In addition to the price to be paid for gas delivered here- under Buyer agrees to pay Seller an amount equal to all of -any increased, addi- tional or nevr productionp severance, gathering, processing, trarsmission, sales or delivery taxes in excess of or in addition to those in existEnce on January 1, 1975 Which are levied upon or attributable to all or any portion,of such gas, the value thereof or the processing or handling thereof. before the delivery of such gas to Buyer or in connection with such delivery. All taxes levied on such gas -after delivery shall be paid by Buyer. Applicable rulings or orders ofgovernmental representatives in charge of the administration of any lair or ordinance increasing or creating any such tax shall be binding and conclusive upon Buyer until, such time as the invalidity thereof has been finally established by the decision of a court of competent jurisdiction. Buyer shall be entitled to reimbursement from Seller to the extent of any payments made by it to Seller pursuant to this Article VII which may subsequently be refunded to Seller by the taxing authority. Buyer shall not be obligated to reimburse Seller for any ad valorem taxes on properties or for taxes -which are based upon or measured by the natural gasoline or other liquefied hydrocarbon content extracted from the gas before delivery to Buyer or for any taxes which are included in the computation of Seller's weighted average cost of purchased gas pursuant to Sec- tion 5 of this Article VIT. Section 8. For the purpose of billing and accounting for gas de- livered hereunder, Seller will use.its usual calculations in Seder's deter- mination of the weighted average cost of purchased gas, as defined in Section 5 of this Article VII, of gas purchased by Seller during any applicable period and nothing herein shall be construed so as to require Seller to change such procedure. IV. Article XVI is hereby deleted in its entirety and the following is substituted in lieu thereof ARTICLE XVI DURATION OF AGRED—DENT Section 1. This Agreement shall be -effective as of the date hereof and shall continue and remain in full force and effect until and including December 31, 1981, and from year to year thereafter as the parties may agree as provided in Section 6 of Article VII hereof. Article XX is hereby deleted in its entirety and the following is substituted in lieu thereof: ARTICLE XX GOVE.RIMENTAL RMULATION,S • Section 1. This Agreement is made subject to all present and future valid laws or v6 State of Texas and the United States, and regulations or orders of duly constituted governmental authorities having or asserting jurisdiction which are applicable to the subject matter hereof and effective from time to time, In the event any such authority scall establish a price at the point of delivery, provided herein, or a point related to a point of delivery,, different from the price applicable pursuant to this contract, then the price as provided herein shall be adjusted as required in view of such established price, VI. This Amendatory Agreement shall be a binding agreement as of the date hereof but the amendatory provisions contained herein shall not become operative or effective until January 11 1976. Any portion of any other article or Amendatory Agreement in conflict with the provisions hereof shall be deleted or amended so as to be in agreement herewith. -5- Except as hereby amended the original Agreement dated the 2nd day of May, 1974, shall continue in force and effect in accordance with its terms. EXECUTED as of the 22nd day of January , 1976.. ,, ', ! �l PIONEER NATURAL GAS C00MANY, a " division of PIONEER CORPO:?ATION 'ATTEST, By 1den, Vice President CITY OF LUBBOCK ATTEST: By j . - Secretary Its Mayor ✓/Approved ass to form: Fred o. Senter, Jr, City Attor -6- No Text t a ARTICLE TITLE PAGE NUMBER I Definitions 1 II Quantity 2 III Delivery Point 4 IV Delivery Pressure 4 V Metering 4 VI Units of Volume 6 VII Measurement 7 VIII Price 8 IX Heating Value 13 X Billing and Payment 14 XI Quality 15 XII Title 16 XIII Force Majeure 16 XIV Notices 17 XV Successors and Assigns 18 XVI Maintenance of Facilities 18 XVII Duration of Agreement 18 XVIII Indemnification 19 XIX Descriptive Headings 19 XX Miscellaneous 19 XXI Governmental Regulations 19 71872 - LUB ' GAS SALES AGREEMENT THIS AGREB=, made and entered into this 18th day of July , A.D., 1972, by and betweenPIONEER NATURAL GAS CWANY, a Texas corporation here- inafter referred to as "Seller," and City of Lubbock , a municipality , hereinafter referred to as "Buyer;" W I T N E S S E T H: WHEREAS, Buyer is desirous of purchasing certain volumes of natural gas to be used in Buyer's municipal power plants located in Lubbock County, Texas; and WHEREAS, Seller can make available to Buyer certain volumes needed by Buyer in Buyer's municipal power plants and Seller desires to sell such volumes of natural gas to Buyer; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, Seller and Buyer.do hereby mutually covenant and agree as follows; ARTICLE I DEFINITIONS Section 1. "Day" shall mean the period of twenty-four (24) consecutive hours commencing at 7:00 A.M. on one calendar day and ending.at 7:00 A.M. on the following calendar day. Section 2. 'Billing Month" shall mean the period commencing at 7:00 A.M. on the first day of a calendar month and ending at 7:00 A.M. on the first day of the following calendar month. Section 3. "Accounting Year" shall mean a yearly period commencing at 7:00 A.M. on January 1 and ending at 7:00 A.M. on the next succeeding January 1. . 71672 - LUB In the event deliveries commence hereunder on a date other than January 1, the period of time from the date of first deliveries until the following January 1 shall be considered as the first accounting year. In the event deliveries permanently cease on a date other than a January 1, the period of time from the January 1 immediately preceding the date of such delivery cessation shall be considered as the final accounting.year. Section 4. The term "Mcf" shall mean one thousand cubic feet at a temperature of 60° Fahrenheit and an absolute pressure of 13.60 pounds per square inch. Section 5. The term 11BtW1 shall mean British thermal unit. Section 6. The term "heating value" shall mean the Btu content of the gas delivered. Section 7. The term "Buyer's municipal power plants" as used herein shall mean Buyer's electrical generating plants located near the City of Lubbock in Lubbock County, Texas. ARTICLE II UQ, ANTITY Section 1. Commencing January 1. 1974 , and continuing through the remaining term of this Gas Sales Agreement, Seller agrees to sell and deliver to Buyer the volumes of natural gas as may be requested by Buyer for consumption in Buyer's municipal power plants ; provided, however, Seller shall not be obligated to make deliveries of gas to Buyer in excess of 26.000 Mcf on any one day. Section 2. Commencing January 1. 1974 , Buyer agrees to take and pay for, or nevertheless pay for, if not taken, a minimum volume of 6,000,000,000 _ cubic feet of gas during each accounting year during the term hereof. - 2 - 71872 - LUB Section 3. In the event Buyer fails to take from Seller during any accounting year.of the.term hereof the minimum volume of gas which Buyer is such accounting year pursuant during s Pte' .obligated to .take andpayfor from Sellerd g � y .to the provisions of Section 2 of this Article II, then within ninety (90) days after the end of such accounting year when there is a deficiency in takes, Buyer shall pay Seller for that quantity of gas which equals the difference between the minimum volumes Buyer was obligated to take and pay for and the volume which Buyer did actually take and pay for. The price which Buyer shall pay Seller for such deficiency shall be the price in effect at the time the deficiency occurred. Section A. Gas delivered under this contract is subject to curtailment or interruption when in the sole.judgment of the Seller such curtailment or interruption, regardless of cause, is necessary to maintain service to consumers served on the Seller's General Service Schedule, Regular Industrial Service Schedule, or any other'service schedule. The Seller shall be the sole and exclusive judge as to the necessity or desirability of cutting off or reducing the supply of gas from time to time, and the exercise of this right shall not be the basis for any claim for damages sustained by either party. In the event curtailment or inter- ruption becomes necessary, Seller will use its best efforts to curtail all customers of the same classification in the immediate vicinity proportionately. In this in- stance) the term"same classification" shall mean electric production and distribution systems and the term "immediate vicinity" shall mean that area of the Seller's system affected by such curtailment or interruption. Section 5. In the event an interruption in, or curtailment of, deliveries shall become necessary or advisable, Seller shall at once notify Buyer by telephone, telegraph or other means, of the nature, extent and probable duration of such interruption or curtailment. Buyer shall resume the taking of gas within a reasonable. length of time following notification by Seller that gas is again available. -3- 71872 - LUB Section 6. In the event the delivery of gas is interrupted 'or curtailed at the request of Buyer pursuant to.Article XIII or at the request of the Seller, then, and in such event, the minimum volume of gas herein contracted shall.be reduced for that annual period by 1/365th of such minimum annual volume for each day or portion.of a day that the delivery of gas hereunder was interrupted or curtailed. ARTICLE III DELIVERY POINT Section 1. The delivery of gas hereunder shall be made at a point located at Buyer's power plants and other various locations in the City of Lubbock. Section 2. Sufficient space for a meter, or meters and regulators, is to be furnished free by Buyer ata location to be mutually agreed upon. Section 3. Buyer agrees to assign to Seller sufficient easements and rights of way over, across and under any land that Buyer has the right so to do, and the right to perform thereon any acts necessary for carrying out the terms of this contract. . ARTICLE IV DELIVERY PRESSURE Section 1. Deliveries shall be made at the pressure requested by Buyer, but not to exceed 75 pounds per square inch absolute, except deliveries may be made at higher pressures if neither party objects. ARTICLE V METERING Section 1. Seller, at its sole cost, risk and expense, shall install, maintain and operate at the point or points of delivery hereunder a standard type orifice or positive meter or meters for measuring the volume of all gas purchased -4- 71872 - LUB by Buyer hereunder and Seller shall cause said meters to be read daily or at other mutually agreeable intervals. Orifice meters and other facilities so installed at the point of delivery shall be.constructed and installed in accordance with the specifications prescribed by Report No. 3 of the Gas Measurement Committee of the American Gas Association dated April, 1955, and supplements thereto, or other generally accepted specifications,,agreed to by the parties. Section 2. Said meters and all meter readings and meter charts shall be accessible at all reasonable times to inspection and examination by Buyer, but the calibration and adjustment of Sellers meter or meters shall be done by Seller. Seller may destroy meter charts and other records after two years. Section 3. Buyer may install, maintain and operate such check measuring equipment as it desires, provided that such check meter and equipment shall be so installed as not to interfere with the operation of Sellers meters. Section 4. Each such orifice meter installed by Seller shall be calibrated at least once each thirty (30) days by and at the expense of Seller, in the presence of Buyers representative if Buyer so desires. Seller shall give Buyer or Buyer's designated representative notice of each such calibration test in sufficient time to enable Buyer to have its representative present. If upon any such test, the -measuring equipment is found to be not more than two per cent (2%) erroneous in the aggregate, previous readings of such equipment shall be considered correct in computing the deliveries of gas hereunder, but such equipment shall be adjusted at once to read accurately. If upon arty test the measuring equipment shall be found to be inaccurate in the aggregate by an amount exceeding two per cent (2%) at a reading corresponding to the average rate of flow for the period since the last preceding test, then any previous reading of such equipment shall be corrected to zero error for any period which is known - 5 - 71872 - LUB h Z `definitely or agreed upon, but in case the period isnot known definitely or agreed upon, then for a period extending back one-half (1/2) of the time elapsed since the date of the last test, but not to exceed thirty (30) days. If for •any reason any meter is out of service or out of repair so that the volume of gas purchased cannot be ascertained or computed from the reading thereof, the volume of gas purchased during the period such meter is out of service or out of repair shall be estimated or agreed upon by the parties hereto on the basis of the best data available using the first of the following methods which is feasible: (a) By using the registration of Buyers check meter if installed and accurately registering. (b) By correcting the error in Seller's meter if the percentage of error is acertainable by calibration test or mathematical calculation. (c) By estimating the volume of delivery by using as a basis the volumes delivered during preceding periods under similar conditions when the meter was registering accurately. ARTICLE VI UNITS OF VOLUME Section 1. The unit of volume for gas delivered hereunder, except as otherwise specifically.provided herein, shall be one thousand (1,000) cubic feet (sometimes referred to herein as Mcf) at a base temperature of sixty (60) degrees Fahrenheit, and at an absolute pressure of thirteen and six -tenths (13.6) pounds per square inch, and the readings and registrations of the metering equipment herein provided for shall be converted into such units. - 6 71872 - LUB EV I ARTICLE I I MEASUREMENT Section 1. All measurement of gas hereunder shall be in accordance• with the recommendations,for.measuring gas contained in Report No. 3 of the Gas Measurement Committee of the American Gas Association dated April, 1955, including the supplements thereto, or other generally accepted tables relating to gas measurement applied in a practical and appropriate manner. Correction shall be made for deviation from Ideal Gas Laws as provided for in Section 5 of this Article VII. Section 2. An assumed atmospheric pressure of thirteen and one tenth (13.1) pounds per square inch absolute at the delivery point shall be utilized for measurement purposes, irrespective of any variation of the actual atmospheric pressure from such assumed pressures. Section 3. Seller shall, at its sole cost, risk and expense, install, maintain and operate a recording thermometer of standard manufacture., so that it may properly record the temperature of gas flowing through Seller's meter or meters. The arithmetical average of the twenty-four (24) hour record, or that portion of the twenty-four (24) hours during which gas was passing, shall be assumed to be the temperature of the gas for that period and shall be used in making proper computations of measurement. Section 4. Seller shall, at its sole cost, risk, and expense, maintain and operate a recording gravitometer of standard manufacture, so that it may properly record the gravity of the gas flowing through Seller's orifice meter or meters. The gravity so determined shall be used in the computations of measure- ment. In the event Seller has installed, or shall in the future install, a -7- 71872 LUB t recording gravitometer at a point on its system which properly records the specific gravity of'the total stream, a portion of which is sold hereunder, said gravitometer may be used to ascertain the specific gravity for which correction is to be made. Section 5. The deviation of the gas from the Ideal Gas Laws shall be determined by tests at one (1) year intervals or at such other intervals as may be found necessary in practice, or as may be requested by Buyer. Buyer shall not request such test more frequently than once every three months. Such tests shall be made by a mutually agreeable industry accepted method. Each test shall determine the correction to be used in computing the volume of gas delivered hereunder until the next such test is made. Section 6. Each party hereto, or its designated representative, shall conduct the tests and determinations under this Article VII which are to be made with equipment owned or to be furnished by said party, but the party making such test or determination shall give the other party, or its designated representative., notice of each such test or determination in .sufficient time to enable said other party to have its representative present. ARTICLE VIII PRICE Section 1. The base price, subject to the adjustments as provided for in Sections 2, 3 and 4 of this Article VIII, to be paid for gas delivered here- under and measured as herein provided for shall be twenty-five and one-half cents 25.5 per Mef. Section 2. The base prices as provided for in Section 1 of this Article VIII shall be adjusted upward or downward by the same amount that Seller's 71872 LUB weighted average price, as defined in Section 5 of this Article VIII varies upward or downward from _1A_4Lper Mcf. It is agreed between the parties that the price adjustment pursuant to this Section 2 for deliveries during each billing month shall be based on Seller's weighted average price for the twelve month period ending the last day of the second preceding billing month prior to the then current billing month and Seller shall furnish Buyer with such price on or before the first day of the then current billing month. Section 3. The base prices as provided for in Section 1 of this Article VIII shall be adjusted upward or downward three one -hundredths of one cent (3/100ths of 1�) per Mcf for each point that the Consumers Price Index, as published by the Bureau of Labor Statistics, is above or below 120 (such index using the 1967 base of 100). In the event.the 1967 base of 100 used in determining the consumer price index is amended or supplemented, then the factors used in determining the price adjustment pursuant to this Section 3 shall be appropriately amended or supplemented. In the event the Consumers Price Index is•terminated, then the parties shall adopt another method of price adjustment which is mutually agreeable to both parties. The consumer price index for the purpose of this section shall be rounded off to the nearest whole number. It is agreed between the parties that the price adjustment, pursuant to this Section 3, for the preceding month's deliveries shall be based on the Consumers Price Index for the third preceding month. Section 4. The above price provisions, as adjusted, are based on the delivery of natural-gas having an average heating value of 1,000 British thermal units per cubic foot. Should the average total heating value of the gas delivered.in any billing period be more than 1,000 British thermal units per cubic foot, or less than 1,000- British thermal units per cubic foot, the total charge for such month shall be increased or decreased respectively in the percentage by which the average total heating value of such gas is greater than 13000 _9- 71872 - LUB British thermal units per cubic foot, or less than 1.000 British thermal units per cubic.foot. Section 55. For the purpose ofthis agreement the"term "weighted average price" of -gas purchased by Seller shall mean the average price per one thousand (1,000) cubic feet of all gas purchased by Seller, for utilization in Seller's West Texas Transmission and/or Delaware Basin Divisions, computed to the nearest one-hundredth of one cent and shall be determined by divining the total dollar amounts paid or accrued on Seller's books for all such gas purchased by Seller during the applicable twelve month period by .the total number of thousands of cubic feet of gas purchased by Seller during such twelve month period, adjusted to the same pressure base as gas sold hereunder and shall include in addition to the cost of gas itself, amounts expended which are accrued by Seller to parties other than Seller for the purchase, transportation, gathering, treating; or handling of gas, taxes attributable to the purchase or production of such gas and other similar actual amounts borne by Seller and paid or payable to parties other than Seller, but shall not include any charges attributable to Sellerrs.amortization of its own facilities, Seller's overhead charges, Seller's direct labor -or maintenance expense, or similar expenses of Seller; provided, however, if any gas purchased by Seller requires treating by Seller for the. removal of hydrogen sulphide and/or organic sulphur and/or carbon dioxide and/or water vapor, Seller's total cost of treating such gas, including shrinkage, amortization of facilities, overhead charges, direct labor and maintenance expense, shall be added to the cost of such gas. Should Seller pur- chase gas for utilization in Seller's West Texas Transmission and/or Delaware Basin Divisions under a contract or contracts containing a Btu adjustment clause, the volumes of gas purchased under such contract or contracts shall be adjusted in determining the total number of thousands of cubic feet of gas purchased by Seller - 10 - 71872 - LUB during such month for the purpose of this Section 5 of Article VIII by multiplying the volumes of gas purchased under any such contract by a fraction, the numerator. of which is the average Btu per thousand cubic feet of gas purchased under such contract and the denominator of which is 11000. If any portion of the cost of gas or of any taxes which have been paid by Seller is refunded to Seller, or if Seller is required by the Terms of any gas purchase contract, or of any agreed settlement of a disputed claim, or by a determination or judgment of a regulatory body or.court having or asserting jurisdiction, to make retroactive payments with respect to gas previously purchased by Seller, then appropriate adjustments to compensate therefor shall be made in the price payable for gas delivered by Seller to Buyer hereunder as soon as practicable after the time of such cancellation, refund or retroactive payment, provided, that the period during which such adjustments are to be made shall be determined by Seller subject only to the con- dition that the same shall be made within a reasonable period of time, taking into consideration the total amount of any such cancellation, refund or retroactive payment, but no adjustments as provided for herein shall be made after this contract has terminated except with respect to items cancelled, refunded or paid prior to the date of such termination, nor shall any adjustments as provided for herein be made with respect to any gas purchased by Seller prior to the first delivery` of gas to Buyer hereunder. Nothing contained in this contract shall prevent Seller from entering into any amendment, modification, renewal, extensions or replacement of any existing or future gas purchase contract or contracts between Seller and any of its gas suppliers. In the'event Seller appears as a party before a regulatory agency in a matter which will affect the rates established in this contract, Seller shall give the City reasonable notice of such hearing to enable the City to prepare and appear at such hearing. An appearance by the City shall not waive any rights under this contract or prejudice its position under this contract. - 11 71872 - LUB Section 6. During the month of July 1973 and each succeeding month of July, Buyer and Seller will meet to determine the base price to be effective under Section l of this Article VIII for gas to be purchased and sold hereunder during the second succeeding accounting year from such date. When Buyer and Seller agree on such base price the definite term of this agreement as set forth in Article XVII shall be extended for�the accounting year during which such base price is applicable. Sec_ tion 7. In addition to the price to be paid for gas delivered hereunder Buyer agrees to pay Seller an amount equal to all of any increased, additional or new production, severance, gathering, processing, transmission, sales or delivery taxes in excess of or in addition to those in existence on January 1, 1971, which are levied upon or attributable to all or any portion of such gas, the value thereof or the processing or handling thereof before the delivery of such gas to Buyer or in connection with such delivery, but only to the extent such taxes are not included in the "weighted average price" as defined in Section 5 of this Article VIII. All taxes levied on such gas after delivery shall be paid by Buyer. Section 8. Applicable rulings or orders of governmental representatives in charge of the administration of any law or ordinance,increasing or creating any. such tax shall be binding and conclusive upon Buyer until such time as the invalidity thereof has been finally established by the decision of a court of competent jurisdiction. . Section 9.' Buyer shall be entitled to reimbursement from Seller to the extent of any payments made by it to Seller pursuant to this Article VIII which may subsequently be refunded to Seller by the taxing authority. Section 10. Buyer shall not be obligated to reimburse Seller for any ad valorem taxes on properties or for taxes which are based upon or measured by 71872 LUB the 'natural gasoline or other liquefied hydrocarbon content extracted from the gas before delivery to Buyer. Section 11. For the purpose of billing and accounting for gas delivered hereunder, Seller will use its usual calculations in Seller's determination of the weighted average price, as defined in Section 5 of this Article VIII, of gas purchased by Seller during any applicable period and nothing herein shall be construed so as to require Seller to change such procedure. ARTICLE IX HEATING VALUE Section 1. The Btu content of the gas delivered hereunder shall be determined for a cubic foot of gas at a temperature of sixty (60) degrees Fahrenheit.. at an absolute pressure equivalent to that of thirty (30) inches of mercury, and at the moisture content of the gas delivered. Such total heating value of the.gas delivered shall be determined by a continuous sampling device to be installed, maintained and operated by Seller at its sole cost,' risk and expense. The moisture content of the gas delivered shall be determined by Seller as often as is found necessary in practice. Section 2. The average total heating value per cubic foot of gas shall be determined for any billing period by taking the arithmetic average of the heating value as determined pursuant to Section 1 of this Article, and such. average total heating value shall be used in adjusting the price provisions hereunder. In the event Seller has, or shall in the future install, a recording calorimeter at a point on its system which properly records the heating value of the total stream a portion of which is sold hereunder, said calorimeter may be used to ascertain the heating value for which correction is to be made. 13 _ 71872 - LUB ARTICLE X BILLING AND PAYMENT Section 1. On or before the 10th day of each calendar month, Seller shall render a statement to Buyer giving the total volume of gas purchased here- under during the preceding monthly period, such statements to be rendered in accordance with this contract, and shall include any amounts due for tax reimbursement under the provisions of Article VIII hereof; provided, however, if the amount of reimbursement to Seller cannot be determined currently, Seller may bill Buyer and Buyer shall make payment therefor within a reasonable period after such amount becomes determinable. Section 2. Payment shall be made by Buyer to Seller within ten (10) days after receipt of the statement. Section 3. Seller shall render to Buyer on or before the first day of March each year a statement setting out the amount of gas, if any, by which Buyer failed to take Buyerts minimum annual purchase obligation during the preceding accounting year as provided in Article II hereof, and Buyer shall pay to Seller the amount due within thirty (30) days after receipt by Buyer of such statement. Section Q. All statements, bills and payments shall be subject to correction of any errors contained therein until the expiration of one year after date of payment. Section 5. Any amounts due for gas hereunder remaining unpaid after the due date for each payment provided for herein shall bear interest at the rate of seven per cent (7,%) per annum until paid. - 14'- 71872 - LUB ARTICLE XI UALITY - Section 1. Gas delivered by Seller hereunder shall conform to the• following specifications; (a) Liquids; The gas shall be commercially free from water and hydrocarbons in liquid form. (b) Hydrogen Sulphide; The gas shall not contain more than one (1) grain of hydrogen sulphide per one hundred (100) cubic feet. (c) Organic Sulphur; The gas shall not contain more than twenty (20) grains of organic sulphur per one hundred (100) cubic feet. (d) Carbon Dioxide: The gas shall not contain more than three per cent (3%) carbon dioxide by volume. (e) Dust. Gums. etc; The gas shall be commercially free of dust, gums, and other solid matter. (f} Water Vapor; The gas shall not contain more than nine (9) pounds of water in the vapor phase per million cubic feet. (g) Heating Value; The gas shall have a gross heating value of not more than twelve hundred fifty (1250) and not less than nine hundred fifty (950) British thermal units per cubic foot. (h) Temperature; The temperature of the gas shall not exceed one hundred twenty (120) degrees Fahrenheit. - 15 7167id - LUb ARTICLE XII SLE Section 1. Seller shall be in control and possession of the natural gas delivered hereunder and responsible for any damage or injuries caused thereby until the same shall have been delivered to Buyer at the point of delivery, after which delivery Buyer shall be deemed to be in exclusive control and possession thereof and responsible for any such damages or injuries. Section 2 Seller expressly warrants its title to and rights to'sell-the gas to be delivered hereunder 'free and clear of all liens and Seller will hold Buyer harmless against adverse claims thereon. ARTICLE XIII FORCE MAJEURE Section 1. The obligations of either party hereto shall be suspended during such time as such party is prevented from complying therewith in whole or in part by acts of. God, strikes, war, lockouts, orders or decrees of any lawfully constituted state, federal or local body, temporary failure of Seller's gas supply due to causes or conditions beyond Seller's control, or other causes or conditions reasonably beyond the control of either party, whether like or unlike those herein enumerated, or on account of either party making necessary repairs to or replace- ments of facilities used in the delivery, receipt, transmission or utilization of gas, or because of any other cause, except financial, beyond the reasonable control of such party. Section 2. In.the event'of either Buyer or Seller being rendered unable wholly or in part by force majeure to carry out its obligations under this -agree- ment., other than to make payments due hereunder, it agreed that on such party -16- 71872 - LUB y giving notice and full particulars of such force majeure in writing or by telegraph to the other party as soon as possible after the occurrence of the cause relied on, then the obligations of.the parties insofar as they are affected by such force majeure,.shall be suspended during the continuance of any inability so caused but for no longer period, and such cause shall as far as possible be remedied with all reasonable dispatch. Section 3. The settlement of strikes or lockouts shall be entirely within the ,discretion of the party having the difficulty, and the above require- ments that any force majeure shall.be remedied with all reasonable dispatch shall not require the settlement of strikes or lockouts by acceding to the demands of opposing party when such course is inadvisable in the discretion of the party having the difficulty. ARTICLE.XIV NOTICES Section 1. Notices to be given.hereunder, unless otherwise designated in writing, shall be deemed sufficiently given and served when deposited in the United States mail, postage prepaid and certified or registered to the following addresses: To Seller: Pioneer Natural Gas Company Pe 0. Box 511 Amarillo, Texas 79105 To Buyer: City of Lubbock Lubbock, Texas Section 2. Routine communications, including monthly statements and payments, shall be considered duly delivered when mailed, postage prepaid, by 17 - 71872 - LUB either first class or certified mail to the above addresses, or to such other address as may be mutually agreed upon. ARTICLE XV SUCCESSORS AND ASSIGNS Section 1. This agreement may not be assigned by either party without the written consent of the other party. Section 2. Either party may assign its rights, title and interest in, to and under this agreement to a trustee or trustees, individual or corporate, as security for bonds or other obligations or securities, without such trustee or trustees assuming or becoming in any respect obligated to perform the obligations of the assignor under this agreement, and, if any such trustee be a corporation, without its being required to qualify to do business in any state in which any performance of this agreement may occur. However, such assignment, for security purposes, shall not relieve the assigning party of any of its obligations under this agreement. ARTICLE XVI MAINTENANCE OF FACILITIES Section 1. Each party hereto shall maintain the equipment, including meters and facilities owned by it and used in its performance hereof in good, safe, efficient operating condition and repair. ARTICLE XVII DURATION OF AGREF LENT Section 1. This agreement shall be effective as of the date hereof and shall continue and remain in full force and effect for a term ending the 31st day of December , 1974. - 18 - 71872 - LUB ARTICLE XVIII _ INDENIldI FI CATI ON Section 1. Seller agrees to indemnify and hold harmless Buyer against - any and all loss, cost, claim or demand on account of any damage to property or injury to persons arising or resulting from Seller's operations hereunder. Buyer agrees to indemnify and hold harmless Seller against any and all loss, claim or demand ,on account of any damage to property or -injury to persons arising or resulting fr am Buyer's operations hereunder. ARTICLE XIX DESCRIPTIVE HEADINGS Section 1. The descriptive headings of the provisions of this agreement are formulated and used for convenience only and shall not be deemed to affect the meaning or construction` of any such provisions ARTICLE XX MISCELLANEOUS Section 1. It is.agreed and understood that the supply and delivery of gas from Seller's lines as contemplated by this contract isnot within the objects or purposes of Seller in constructing, operating and maintaining said lines but is merely incidental to the construction, operation and maintenance of such lines to furnish domestic and commercial service in cities and towns connected to its system. ARTICLE XXI GOVERNMENTAL REGULATIONS Section 1. This agreement is made subject to all present and future valid laws of the State of Texas and the United States, and regulations or orders - 19 71872 - LUB of duly constituted governmental authorities having jurisdiction which are applicable to the subject matter hereof and effective from time to time, and to the provisions of the applicable franchise, if arty; under which Seller operates EXECUTED as of the day and year first above written. CITY OF LUBBOCK ATTEST Its Mayor Seer ary roved as 3o torte rCity of Lubbock' �� Fred 0. Senter, Jr., City Atto _ PIONEER NATURAL GAS COMPANY ATTEST; _ � by - _ By Vice President Secre HARRY H. WALDEN Vice President PIONEER NATURAL GAS COMPANY POST OFFICE BOX 511, AMARILLO, TEXAS 79105 November 203, 1972 City of Lubbock Box 2000 Lubbock, Texas 79408 Attention Ms. Lavenia Lowe City Secretary -Treasurer Gentlemen: As per your request, we are returning to you herewith an executed copy of Gas Sales Agreement dated July 18, 1972, between The City of Lubbock, Texas, and Pioneer Natural Gas Company. We are also enclosing_a Xerox copy for your files. We at Pioneer certainly appreciate your business and thank you for the manner in which you have handled this contract. If we can be of any service to you, please feel free to call on us. HHW/pm enclosures Very truly yours, Har H. Walden MIENDMENT TO GAS SALES AGREATNT THIS AGRMTENT made and entered into as of the 1st day of January, A.D. 1976, by and between PIONEER NATURAL GAS CMTANY, a division of Pioneer Corporation, a Texas corporation (hereinafter referred to as "Seller"), and CITY OF LUBBOCK, a municipal corporation (hereinafter referred to as "Buyer"); MMEAS, Seller and Buyer have heretofore on the 2nd day of May, 1974 entered into an agreement relating to the purchase and sale of gas for use in Buyer's municipally owned power plants located in Lubbock County, Texas; and, W1iMEA.S, the parties desire to amend said Agreement; NOW, THEREFORE, in consideration of the mutual covenants and agree- ments contained in the original Agreement and contained herein, and other and further valuable considerations, the parties do hereby mutually covenant and agree as follows: r I. Sections 3 and 4 of Article I of said Agreement are hereby deleted in their entirety and the following Sections 3 and 4 are substituted in lieu thereof: ARTICLE I DEFINITIONS Section 3. "Accounting Year" shall mean a yearly period commencing at 7:00 a.m. on January 1 and ending at 7:00 a.m. on the next succeeding January 1. In the event deliveries commence hereunder on a date other than January 1, the period of time from the date of first deliveries until the next following January 1 shall be considered as the first accounting year. In the event deliveries permanently cease on a date other than a January 1, the period of time from the January 1 immediately preceding the date of such delivery ces- sation shall be considered as the final accounting year. Section 4. The term "Mcf" shall mean one thousand cubic feet at a temperature of degrees Fahrenheit and an absolute pressure of 14.65 pounds per square inch. II. Section l of Article II of said Agreement is hereby deleted in its entirety and the following Section 1 is substituted in lieu thereof: ARTICLE II QUANTITY Section 1. Except as provided in Section 6 of Article VII hereof, Seller agrees to deliver to Buyer up to 36,000 Mcf/day. Buyer agrees to take and receive from Seller each day during the term hereof those volumes of natural gas which are made available by Seller on such day up to the total volumes required by Buyer for consumption in Buyer's municipal power plants on such day; provided, however, Buyer's obliga- tion to take and receive from ,Seller shall be 6,000,000 Mcf during each Account- ing Year, or if tendered to Buyer and not received, to nevertheless pay for such minimum volumes at the price then in effect; provided, however, if Buyer and Seller fail to agree on price as provided in Section 6 of Article VII, then Buyer's obligation to take and receive gas shall be reduced in the same propor- tion as Seller's obligation to deliver such gas as provided in said section. Sections 1, 2, 5, 6, 7 and 8 of Article VII are hereby deleted in their entirety and the following is substituted in lieu thereof: ARTICLE VII PRICE Section 1. Commencing January 1, 1976 and continuing through the re- maining term of this Agreement, Buyer shall pay Seller for gas delivered here- under and measured as herein provided for a price equal to the sum of: (1) Seller's weighted average cost of purchased gas as defined in Section 5 of this Article VII, plus (2) an increment of fifteen cents (15�) per Mcf which increment shall increase one cent (1�) per Mcf on February 1, 1976 and shall increase an ad- ditional one cent (1¢) per Mcf each month thereafter for the next eight (8) months. Section 2. The prices as provided for in Section 1 of this Article VII shall be adjusted upward or downward three one -hundredths of one cent (3/100ths of 1¢) per Mcf for each point that the Consumer Price Index, as pub- lished by the Bureau of Labor Statistics, is above or below 165.6 (such Index using the 1967 base of 100). In the event the 1967 base of 100 used in deter- mining the Consumer Price Index is amended or supplemented, then the factors used in determining the price adjustment pursuant to this Section 2 shall be appropriately amended or supplemented. In the event the Consumer Price Index is terminated, then the parties shall adopt another method of price adjustment which is mutually agreeable to both parties. The Consumer Price Index for the -2- purpose of this section shall be rounded off to the nearest whole number. It is agreed between the parties that the price adjustment pursuant to this Section 2 for the preceding month's deliveries shall be based on the Consumer Price Index for the third preceding month. Section 5. For the purpose of this Agreement the term "weighted average cost of purchased gas" shall mean the average price per one thousand (1,000) cubic feet paid by Seller for all gas purchased by Seller, for utilization in Seller's Vest Texas Transmission and Delaware Basin Divisions, computed to the nearest one-hundredth of one cent and shall be determined by dividing the total dollar amounts paid or accrued on Seller's books for all such gas purchased by Seller during the applicable billing month by the total number of .,4cf of gas purchased by Seller during such applicable billing month, adjusted to the same pressure base as gas sold hereunder and shall include in addition to the cost of gas itself: (1) Interest charged at the prime rate in effect on the first day of each month upon funds advanced for gas development or dedicated volumes based upon the outstanding portion of such advancements; (2) Amortization over a five-year period of advances for gas supply development which is non-productive; and (3) Amounts expended which are accrued by Seller to parties other than Seller for the purchase, transportation, gathering, compressing, treating, or handling of gas, taxes attributable to the purchase or production of such gas and other similar actual amounts borne by Seller and paid or payable to parties other than Seller, but shall not include any charges attributable to Seller's amortiza- tion of its own facilities, Seller's overhead charges, Seller's direct labor or maintenance expense, or similar expenses of Seller; provided, however, if any gas purchased by Seller requires treating by Seller for the removal of hydrogen sulfide and/or organic sulfur and/or carbon dioxide and/or water vapor, Seller's total cost of treating such gas, including shrinkage, amortization of facilities, overhead charges, direct labor and maintenance expense, shall be added to the cost of such gas. Should Seller purchase gas for utilization in Seller's Iffest Texas Transmission and Delaware Basin Divisions under a contract or contracts containing a Btu adjustment clause, the volumes of gas purchased under such contract or contracts shall be adjusted in determining the total number of Mcf of gas purchased by Seller during such month for the purpose of this Section 5 of Article VII by multiplying the volumes of gas purchased under any such con- tract by a fraction, the numerator of which is the average Btu per thousand cubic feet of gas purchased under such contract and the denominator of which is 1,000. If any portion of the cost of gas or of any taxes which have been paid by Seller is refunded to Seller, or if Seller is required by the terms of any gas purchase contract, or of any agreed settlement of a disputed claim, or by a determination or judgment of a regulatory body or court having or asserting jurisdiction, to make retroactive payments with respect to gas previously pur- chased by Seller then appropriate adjustments to compensate therefor shall be made in the price payable for gas delivered by Seller to Buyer hereunder as soon as practicable after the time of such cancellation, refund or retroactive payment, provided, that the period during which such adjustments are to be made shall be determined by Seller subject only to the condition that the same shall be made within a reasonable period of time, taking into consideration the total amount of any such cancellation, refund or retroactive payment, but no adjustments as provided for herein shall be made after this Agreement has terminated except with respect to items cancelled, refunded or paid prior to -3 the date of such termination, nor shall any adjustments as provided for herein be made with respect to any gas purchased by Seller prior to the first delivery of gas to Buyer hereunder. Nothing contained in this Agreement shall prevent Seller from entering into any amendment, modification, renewal, extension or replacement of any existing or future gas purchase contract or contracts between Seller and any of its gas suppliers. Section 6. It is the intention of the parties that so long as Buyer requires gas supplies for Buyer's municipal power plants which may be satisfied in whole or in part by Seller upon terms and conditions acceptable to both parties, the parties shall endeavor to reach agreement to continue the contract so that it will have a termination date five years from each January 1. To that end, the parties will meet within 180 days prior to each January 1, the first such meeting to take place during the 180 day period prior to January 1, 1977, in order to meet and determine whether or not the contract is to be con- tinued and the terms of any such continuation. In the event that the parties reach agreement, then such contract shall be deemed to be continued for a five- year term commencing the succeeding January 1 and Seller will deliver the volumes for such five-year period as set forth in Article II. In the event that the parties do not agree upon such continuation, then the contract shall be deemed to continue for the five-year period commencing from the succeeding -January -l. By way of example, and without expanding or limiting the above and foregoing, the parties shall meet within 180 days prior to January 1, 1977. If, during that period the parties agree that Buyer shall require the volumes set forth in Article II which Seller can deliver and the terms of any such delivery, then the deliveries under the contract shall continue for a period of five years commencing January 1, 1977 at the volumes set forth in Section 1 of said Article II. In the event the parties do not agree, then the contract shall expire at the end of five years commencing January 1, 1977 and Seller shall deliver up to 36,000 Mcf per day for the accounting years 1977, 1978 and 1979, 24,000 Mcf per day for the accounting year 1980 and 12,000 Mof per day for the accounting year 1981. Section 7. In addition to the price to be paid for gas delivered here- under Buyer agrees to pay Seller an amount equal to all of any increased, addi- tional or new production, severance, gathering, processing, transmission, sales or delivery taxes in excess of or in addition to those in existence on January 1, 1975 which are levied upon or attributable to all or any portion of such gas, the value thereof or the processing or handling thereof before the delivery of such gas to Buyer or in connection with such delivery. All taxes levied on such gas after delivery shall be paid by Buyer. Applicable rulings or orders of governmental representatives in charge of the administration of any law or ordinance increasing or creating any such tax shall be binding and conclusive upon Buyer until such time as the invalidity thereof has been finally established by the decision of a court of competent jurisdiction. Buyer shall be entitled to reimbursement from Seller to the extent of any payments made by it to Seller pursuant to this Article VII which may subsequently be refunded to Seller by the taxing authority. Buyer shall not be obligated to reimburse Seller for any ad valorem taxes on properties or for taxes which are based upon or measured by the natural gasoline or other liquefied hydrocarbon content extracted from the gas before delivery to Buyer or for any taxes which are included in the computation of Seller's weighted average cost of purchased gas pursuant to Sec- tion 5 of this Article VII. -4- S Section 8. For the purpose of billing and accounting for gas de- livered hereunder, Seller will use its usual calculations in Seller's deter- mination of the weighted average cost of purchased gas, as defined in Section 5 of this Article VII, of gas purchased by Seller during any applicable period and nothing herein shall be construed so as to require Seller to change such procedure. IV. Article XVI is hereby deleted in its entirety and the following is substituted in lieu thereof: ARTICLE XVI DURATION OF ACTRE111ENT Section 1. This Agreement shall be effective as of the date hereof and shall continue and remain in full force and effect until and including December 31, 1981, and from year to year thereafter as the.parties may agree as provided in Section 6 of Article VII hereof. V. Article XX is hereby deleted in its entirety and the following is substituted in lieu thereof: ARTICLE XX GOVERIOTNTAL REGULATIONS Section 1. This Agreement is made subject to all present and future valid laws of the State of Texas and the United States, and regulations or orders of duly constituted governmental authorities having or asserting jurisdiction which are applicable to the 'subject matter hereof and effective from time to time. In the event any such authority shall establish a price at the point of delivery provided herein, or a point related to a point of delivery, different from the price applicable pursuant to this contract, then the price as provided herein shall be adjusted as required in view of such established price. VI. This Amendatory Agreement shall be a binding agreement as of the date hereof but the amendatory provisions contained herein shall not become operative or effective until January 11 1976. Any portion of any other article or Amendatory Agreement in conflict with the provisions hereof shall be deleted or amended so as to be in agreement herewith. -5- Except as hereby amended the original Agreement dated the 2nd day of May, 1974, shall continue in force and effect in accordance with its terms. EXECUTED as of the 22nd day of January , 1976. PIONEER NATURAL GAS COMPANY, a division of PIONEER CORPORATION . ?a&rry H. al en, Vice President/ CITY OF LUBBOCK ATTEST: = ,y By ilu ?219 Secretary Its ARayo Approved as to form: Fred 0. Senter, Jr., City Attorney, Q 4 I• Except as hereby amended the original Agreement dated the 2nd day of May, 1974, shall continue in force and effect in accordance with its terms. EXECUTED as of the 22nd day of January , 1976. PIONEER NATURAL GAS COMPANY, a division of PIONEER CORPORATION . ?a&rry H. al en, Vice President/ CITY OF LUBBOCK ATTEST: = ,y By ilu ?219 Secretary Its ARayo Approved as to form: Fred 0. Senter, Jr., City Attorney, Q