EXHIBIT (10)
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FIRM SERVICE AGREEMENT
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BETWEEN
WESTCOAST ENERGY INC.
AND
NORTHWEST NATURAL GAS COMPANY
FIRM SERVICE AGREEMENT
THIS AGREEMENT made as of the 1st day of April 2003.
BETWEEN:
WESTCOAST ENERGY INC., a corporation having an office in
Vancouver, British Columbia
("Westcoast")
- and -
NORTHWEST NATURAL GAS COMPANY, a corporation having
an office in Portland, Oregon.
("Shipper")
WHEREAS Shipper has requested Westcoast to provide it with the firm services
described in this Agreement and Westcoast has agreed to provide Shipper with
such services in accordance with and subject to the terms and conditions
hereinafter set forth;
NOW THEREFORE in consideration of the mutual agreements hereinafter contained,
the parties hereto agree as follows:
ARTICLE 1
TOLL SCHEDULES AND GENERAL TERMS AND CONDITIONS
1.01 The provisions of Westcoast's Toll Schedules for Service and
Westcoast's General Terms and Conditions for Service both as filed with
the National Energy Board and in effect from time to time in accordance
with Part IV of the National Energy Board Act are incorporated herein
by reference and constitute part of this Agreement. Unless otherwise
defined herein, the terms and expressions used in this Agreement have
the same meaning as the corresponding terms and expressions used in
Westcoast's Toll Schedules for Service and the General Terms and
Conditions.
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1.02 In and for the purpose of this Agreement:
(a) "Schedule A" means Schedule A attached to this Agreement as
the same may be amended and in effect from time to time;
(b) "Schedule B" means Schedule B attached to this Agreement as
the same may be amended and in effect from time to time; and
(c) "this Agreement" means this Agreement as the same may be
amended and in effect from time to time, and includes
Westcoast's Toll Schedules for Service, the General Terms and
Conditions, Schedule A and Schedule B.
ARTICLE 2
SERVICES
2.01 Subject to the provisions of this Agreement, Westcoast shall provide to
Shipper the firm services described in Schedule A on each day during
the periods commencing and expiring on the days specified in Schedule A
in respect of each such service.
ARTICLE 3
TOLLS
3.01 Shipper shall pay Westcoast each month in respect of the firm services
described in Schedule A the tolls for such services prescribed in
Westcoast's Toll Schedules for Service.
ARTICLE 4
RECEIPT AND DELIVERY POINTS
4.01 Shipper shall in respect of the firm services described in Schedule A
deliver gas to Westcoast at the Receipt Points and in volumes not
exceeding those specified in Schedule A.
4.02 Westcoast shall in respect of the firm services described in Schedule
A deliver gas to Shipper at the Delivery Points specified in Schedule
A.
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ARTICLE 5
GENERAL
5.01 Shipper has no pre-emptive or other renewal rights with respect to any
of the firm services described in Schedule A for which the notation "No
Renewal Rights" is specified under the column "Special Conditions" in
Schedule A.
ARTICLE 6
ADDRESS FOR DELIVERY
6.01 The address of each of the parties hereto for the purpose of giving
any notice in accordance with the General Terms and Conditions is as
follows:
WESTCOAST: Westcoast Energy Inc.
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Telecopier: (▇▇▇) ▇▇▇-▇▇▇▇
Attention: Vice President, Marketing
Field Services Division
SHIPPER: Northwest Natural Gas Company
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Telecopier: (▇▇▇) ▇▇▇-▇▇▇▇
Attention: Manager, Gas Supply
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IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day
and year first above written.
WESTCOAST ENERGY INC.
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NORTHWEST NATURAL GAS COMPANY
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Contract No. Fl-2545-B-00
Entry Date: November 05, 2001
Page: 1(a)
SCHEDULE A
This Schedule A is attached to and forms part of the Firm Service
Agreement dated as of November 05,2001 between Westcoast Energy Inc.
and Northwest Natural Gas Company.
DESCRIPTION OF FIRM SERVICES
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GMS CONTRACT SERVICE SERVICE
REF. DEMAND COMMENCE EXPIRY SERVICE SPECIAL SPECIAL
NBR FIRM SERVICE 10 3m3 DAY DAY TERM TOLL CONDITIONS
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Transportation Service - Southern
Receipt Point Compressor Station No. 2
Delivery Point Export Delivery Point
1. Residue gas 141.6 NOV-01-2003 OCT-31-2014 OPTB 2003 Tolls -
2. Residue gas 1453.3 NOV-01-2003 OCT-31-2014 OPTB 2003 Tolls -
Contract No. Fl-2545-B-00
Entry Date: November 05, 2001
Page: 1
This Schedule B is attached to and forms part of the Firm Service
Agreement dated as of November 05,2001 between Westcoast Energy Inc.
and Northwest Natural Gas Company.
FIRM RAW GAS TRANSMISSION SERVICE RECEIPT POINTS
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RECEIPT PATTERN RECEIPT CONTRACT
LINE AND RECEIPT POINT POINT DEMAND SPECIAL
NBR EFFCTIVE PERIOD NAME OR LOCATION NUMBER 10 3m3 CONDITIONS
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