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Natural Gas Purchase Contract: ACAP IN ACAP V 1.1
<br />For Office Use: ToP-xl
<br />Seller., interstate Gas Supply, Inc. Fax: 614-659-5126
<br />Attu: Commercial & Industrial Sales, 6100 Emerald Parkway, Dublin, Ohio 43016 Phone: 877-923-4447
<br />Buyer: The City of South Bend Contact Name Adam Parsons
<br />Confirmation Email aparsonis@southbenidini.gov Phone (574) 235-91302 Fax 54-23,5-9171
<br />Street Address city State ZI 1)
<br />Mailing 10451 West Sample South Bend! IN 46619
<br />Billing Same as Mailing
<br />Facility See Exhibit A See Exhibit A See Exhibit A See Exhibit A
<br />Account Num,berls See Exhibit A or Z see the attached Ekh1bit A
<br />This
<br />Confirmation
<br />Con.fir..matio_n .is.... .. subject jo"I'ltl"hII-e1-attached Terms
<br />ms and Conditions .("Contract) whichjsjqcop2Egeq in its entirety hereinNatural
<br />� aFas Distrbution Compapy.("NGDCjNot ern Indiana Public Service Company
<br />Initial
<br />. ...........
<br />This Contract will begin with the September _, 2018 NGDC billing cycle and continue through the March _, 2023
<br />NGDC billing cycle. Buyer understands that there may be delays in starting gas service under this Contract and will not
<br />hold Seller responsible for any such delay. .. ......... r-- ................ .. ..... .. ............... .
<br />inkfi arm Price . . per DTH shall , i, b , e determined .. . - .. .. .. to - r - each , ch m . onth by the following calculation: ([(Hedged Vol, x Wtd. Avg. Hedged
<br />Purchase Price: Price)/Estimated Usage] + [(Variable Vol. x NYMEX Settlement Price)/Est. Usage] + Fixed Adder), wherein "Hedged Vol."
<br />Is the amount of gas hedged by Seller on behalf of Buyer, `Wtd. Avg, Hedged Price" is the average price per DTH for
<br />hedged volumes, and "i Vol." is the volume of gas consumed by Buyer but not hedged by Seller. 'NYMEX Set-
<br />tlement Price" shall be determined by either the utility's deadline or NY EX monthly settlement for that month, whichever
<br />comes first. "Fixed Adder' for the Initial Term will be $0.09. Price per DTH shall include cost of gas, basis, applicable
<br />shrink/fuel to the delivery point, BTU conversion, Seller's margin, and broker commissions (if applicable). In addition,
<br />Seller will charge Buyer for interstate transportation and storage at a rate of $gja per Dth. Taxes (where applicable),
<br />distribution fees, and/or other utility charges may also apply. For all services provided under this agreement, Buyer will
<br />continue to be responsible for all charges assessed by the NGDC including any other fees or taxes associated with
<br />_....prvrdirng B . ........ 11 — - ----- ......... ..... .
<br />Gas Procurement Buyer explicitly permits Seller to, purchase gas on a forward basis in order to mitigate risks associated with the
<br />Procedure: volatility of the natural gas market. Forward purchases will be communicated with Buyer via the Confirmation Email ad-
<br />dress, identified above and will be binding without conflicting communications provided by Buyer within one business day,
<br />- — -------- .. .. ...... - I ............. 11 1 .......... - ....... ......... ..
<br />Early Termination Hedged Volumes: At the end of this Contract, whether expired, terminated, or a party has provided notice of its intent
<br />Damages: not to renew, Buyer will be responsible for the positive difference, if any, between Seller's cost for all hedges during the
<br />current Term and any future Terms (Including but not limited to NYIMEX and basis) purchased by Seller on behalf of
<br />_.Pyye�'Tinus the then current market price. . .....
<br />......... .. ---------- . ............ .. _ ....... .. .. .. .. .. --- 1 - price .. ........ -------
<br />Tir
<br />e Estimated Usage is calculated using each Account's historical monthly consumption, as provided to Seller by the NGDC, multiplied by
<br />weather normalization factors and are set forth in the table below.
<br />Estimated. Usage In DTH at the BurnertIR
<br />t U!
<br />Month I Jan Feb Mar Apr may 1 Jun i July Aug Sept Oct Nov Dec
<br />...................... ............ I .......... - ..... . ...............
<br />............ ......... ....... —
<br />1 19,,422 15,973 12,514'1 6,812 3,606 1 2,261 2,084 i 2,138 i 2,733 �� 5,921 10,948 i 16,888
<br />............... ............ .....
<br />.. ................... ....... ----...------
<br />This Contract, including any Exhibits) may be signed in counterparts. If Buyer and Seller execute more than one Contract with respect to any
<br />Account(s), the terms of the most recent Contract will supersede and take priority over all previous Contracts with regard to the same Account(s).
<br />Any signature on this Contract and any Exhibit(s) will be considered valid for all purposes and have the same, effect whether it is an ink -signed
<br />original, e-signed, a photocopy, or a facsimile representation of the original document. -1-1 .. .... . ..... . .. .. .. ....... .. .
<br />- ........ .... .. 11 1..__..._._ . ..... . ........... . . -.1-1-1 1 . ....................... ..... .......... ...... .. .. . .. ...... . . ......
<br />Buyer agrees and consents to receive electronically any notices from Seller via the Confirmation Email address !identified above in
<br />connection with this Contract. Buyer may withdraw this consent to receive notices electronically by contacting Seller at ACAP@Igsen-
<br />ergy.com. The signers below personally certify that they have all requisite authority to sign and enter Into this, Contract on behalf of
<br />the parties identified adjacent to their signatures. Further, they acknowledge that on behalf of their respective parties, they have read,
<br />understood, and voluntarily agreed to every proof ion of this Contract, the attached Terms and Conditions, and any Exhibit A.
<br />Accepted by Buyer: Name: Title . Chat
<br />Accepted by Seller: - � /)1111 VP of C&I Sates
<br />. . .... 7'7�)� -
<br />N*5�6,W�Ahur Title Ute
<br />""I
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