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integrys.
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<br /> RETAIL GAS SALES AGREEMENT
<br /> Integrys Energy Services—Natural Gas,LLC.,a Delaware limited liability company,(hereinafter referred to as the"Seller")and City of
<br /> Decatur(hereinafter referred to as the"Buyer"),each a"Party"and collectively"Parties",agree as of February 1,2011 to the terms of this
<br /> Retail Gas Sales Agreement(the"Agreement"). Buyer and Seller agree as follows:
<br /> 1. Price, Delivery Period and Quantity. For the Delivery full name, title and company of the individual authorizing the
<br /> Period and with respect to the account numbers identified below purchase The Fixed Price Request should be sent via fax to the fax
<br /> (the 'Accounts'), Seller agrees to sell and schedule for delivery to number below,or by electronic mail to amil@integrysenergy.com. If
<br /> Buyer and Buyer agrees to purchase and receive from Seller at the Seller agrees to sell Gas priced as requested by Buyer, then Seller
<br /> Delivery Point the Quantity of Gas set forth in Therms in the table will return a Transaction Confirmation. Only terms confirmed in a
<br /> that follows: Transaction Confirmation shall be binding on the Parties. Gas priced
<br /> in this manner shall be considered to be the first Gas through the
<br /> Month Y Quantl Month Y QuantIV meter. Buyer and Seller agree that Fixed Price Requests may be
<br /> Aug.2011 5500 Feb.2012 35,700 submitted via facsimile or electronically and that each so submitted
<br /> that contain all of the terms required under this Section 1.1 shall be
<br /> Sept.2011 8500 Mar.2012 19,300 deemed a writing. Neither Buyer nor Seller shall contest the
<br /> Oct.2011 14,800 April 2012 10,300 enforceability of a Fixed Price Request on the grounds that it is an
<br /> Nov.2011 32,000 May 2012 7200 electronic or facsimile form.
<br /> Dec.2011 50,800 June 2012 5000 1.2 "Delivery Point'and "Utility" means Ameren Zone 3 (IP).
<br /> Title to the gas shall pass from Seller to Buyer at the Delivery Point.
<br /> Jan.2012 50,000 July 2012 4000 Purchases and sales will be on a Secondary Firm basis, such that
<br /> either Party may interrupt its performance only if such performance
<br /> is prevented by either (1) an event of Force Majeure, or (ii) a
<br /> The Delivery Period shall begin on the later of(1)the day after the curtailment in firm transportation using secondary receipt or
<br /> first meter read in August,2011(ii)the acceptance by the Utility of delivery points. Seller shall have responsibility for and assume any
<br /> Seller as Buyer's gas supplier, and continue for a period of twelve liability with respect to claims arising prior to the delivery of natural
<br /> (12)months.The Price for the Quantity and Delivery Period is Index gas to Buyer at the specified Delivery Point(s). Buyer shall have
<br /> plus $0.065 per therm."Index"shall mean the price per dekatherm responsibility for and any liability with respect to claims arising from
<br /> listed in NGI's Bidweek Survey,published by Natural Gas Intelligence or related to the delivery of natural gas at and after the Delivery
<br /> for the applicable month,under the column titled'avg',for volumes Point(s).
<br /> delivered to 'Chicago Citygate' converted to therms. In the event 1.3 Term: This Agreement shall commence as of the first date
<br /> that the quantity of natural gas that can be delivered to Buyer written above and remain in effect, through the Delivery Period,
<br /> (without the Utility assessing Imbalance Charges or Cashout)is less subject to the termination rights set forth herein.Should the Parties
<br /> than the Quantity identified herein for the relevant period, Buyer agree to fix the Price for a delivery month that occurs after the
<br /> shall remain liable for the entire Quantity it agreed to purchase, current Delivery Period,then the Delivery Period shall be extended
<br /> however,Seller will provide a credit at prevailing market rates for to the latest occurring delivery month with a fixed Price.
<br /> that portion of the purchased Quantity that is not delivered. In the 1.4 Renewal: Unless written notice terminating this
<br /> event that Buyer's expected Use will exceed the Quantity of gas set Agreement at the end of a Delivery Period is given by either Party 60
<br /> forth above,and/or available to Buyer without incurring Imbalance days prior to the end of the Delivery Period,the Parties agree that
<br /> Charges, for the relevant period, Seller will use commercially service will continue for successive twelve month renewal terms
<br /> reasonable efforts to provide incremental supply, plus Fuel (if (with each renewal term constituting a renewed Delivery Period). In
<br /> applicable) at prevailing market rates. Credits for reductions in the event that the Parties agree to fix the Price,the fixed Prices, if
<br /> delivered quantity and/or charges for incremental supply shall any,are effective only with respect to the delivery month and year
<br /> appear as separate line items on Seller's invoice to Buyer,including specified on the Transaction Confirmation. In the event that Seller
<br /> applicable price and quantity. "Cashout" shall mean the process delivers and Buyer accepts gas to Accounts after the expiration or
<br /> used by a Utility (or Seller as applicable)to purchase,sell,or trade termination of this Agreement, the Price for such post-expiration
<br /> natural gas at the end of any day, month, or delivery period, as sales shall be Index plus$0.025 per therm.
<br /> applicable,for the purpose of balancing receipts and deliveries for a 1.5 Balancing: Buyer and Seller shall use commercially
<br /> specified day,month,or delivery period. "Imbalance Charges"shall reasonable efforts to provide each other with sufficient notice to
<br /> mean any fees, penalties, costs or charges (in cash or in kind) allow timely and accurate nominations in accordance with the
<br /> assessed by a Utility for failure to satisfy the Utility's balance and/or nomination requirements of that Utility, as they may change from
<br /> nomination requirements. "Following Month's Index" means the time to time due to Constraint Day requirements or otherwise.
<br /> Index as defined above for the month following the relevant delivery Buyer accepts the following responsibilities: Buyer hereby appoints
<br /> month. Seller as its agent for the purposes of balancing, including the
<br /> 1.1 Converting to a Fixed Price. Buyer and Seller may from receipt of current and historic Usage, storage, billing and
<br /> time to time agree in writing to fix its Price at the Delivery Point. To transportation data from Utility. Buyer agrees to assist Seller in the
<br /> establish a fixed Price, Buyer shall submit a written, signed Fixed timely collection of data directly and through Utility,notify Seller of
<br /> Price Request to Seller,which must identirfy(i)that Buyer seeks to fix usage expectations and any material changes to those usage
<br /> its'City gate delivered Price", (ii)the term, quantity, price, (iii)the expectations,and comply with any Daily Limitations concerning use.
<br /> 11.10
<br /> Ver.4.0
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