[EXHIBIT 10qq TO COLONIAL GAS COMPANY]
FORM 10-K FOR YEAR ENDING 12/31/93]
FST-LG3
SERVICE AGREEMENT
(Applicable to Service Under Rate Schedule FST-LG)
This Agreement, is made and entered into this 1st day
of October, 1993, by and between Algonquin LNG, Inc., a
Delaware corporation (hereinafter referred to as "ALNG") and
Colonial Gas Company, a Massachusetts Corporation
(hereinafter referred to as "Customer" whether one or more
persons).
In consideration of the premises and of the mutual
covenants herein contained, the parties do agree as follows:
ARTICLE I
QUANTITY OF LNG TO BE STORED
Subject to the terms, conditions and limitations hereof and
of ALNG's Rate Schedule FST-LG, ALNG agrees to:
- receive for Customer's account and inject into its
storage facility liquefied natural gas ("LNG") in
liquid form;
- store such LNG up to a total quantity at any one
time of
12,000 barrels, to constitute Customer's
Contract Storage Capacity; and
-withdraw such stored gas as requested by Customer
and deliver it to Customer or for Customer's
account.
ARTICLE II
TERM OF AGREEMENT
2.1 This agreement shall become effective as of October 1,
1993 shall continue in effect for a term ending May 31,
1994 ("Primary Term") and shall remain in force from
year-to-year thereafter unless terminated by either
party pursuant to Section 12 of the General Terms and
Conditions.
ARTICLE III
RATE SCHEDULE AND ADJUSTMENTS
3.1 Customer shall pay for all services rendered hereunder
and for the availability of such service under ALNG's
Rate Schedule FST-LG, as filed with the Federal Energy
Regulatory Commission, and as the same may be hereafter
revised or changed. The rate to be charged Customer
for storage hereunder shall not be more than the
maximum rate under Rate Schedule FST-LG, nor less than
the minimum rate under Rate Schedule FST-LG.
3.2 Customer agrees that ALNG shall have the unilateral
right to file with the appropriate regulatory authority
and make changes effective in (a) the rates and charges
applicable to service pursuant to ALNG's Rate Schedule
FST-LG, (b) ALNG's Rate Schedule FST-LG, pursuant to
which service hereunder is rendered or (c) any
provision of the General Terms and Conditions
applicable to Rate Schedule FST-LG. ALNG agrees that
Customer may protest or contest the aforementioned
filings, or may seek authorization from duly
constituted regulatory authorities for such adjustment
of ALNG's existing FERC Gas Tariff as may be found
necessary to assure that the provisions in (a), (b), or
(c) above are just and reasonable.
ARTICLE IV
ADDRESSES
Except as herein otherwise provided, or as provided in
the General Terms and Conditions of ALNG's FERC Gas
Tariff, any notice, request, demand, statement, bill or
payment provided for in this Agreement, or any notice
which any party may desire to give to the other, shall
be in writing and shall be considered as duly delivered
when mailed by registered, certified, or first class
mail to the post office address of the parties hereto,
as the case may be, as follows:
(a) ALNG: 1284 Soldiers Field Road, Boston, MA
02108
(b) Customer: 40 Market Street, Lowell, MA 01853
or such other address as either party shall designate by formal
written notice.
ARTICLE V
RATE SCHEDULES AND GENERAL TERMS AND CONDITIONS
This Agreement and all terms and provisions contained or
incorporated herein are subject to the provisions of ALNG's
applicable rate schedules and of ALNG's General Terms and
Conditions on file with the Federal Energy Regulatory
Commission, or other duly constituted authorities having
jurisdiction, and as the same may be legally amended or
superseded, which rate schedules and General Terms and
Conditions are by this reference made a part hereof.
ARTICLE VI
INTERPRETATION
The interpretation and performance of this Agreement shall
be in accordance with the laws of the state of Rhode Island,
excluding conflicts of law principles that would require the
application of the laws of a different jurisdiction.
ARTICLE VII
AGREEMENTS BEING SUPERSEDED
When this Agreement becomes effective, it shall supersede
(as of the date of commencement of service hereunder) the
following agreements between parties hereto for the storage
of natural gas by ALNG for Customer:
Service Agreement executed by Customer and ALNG under Rate Schedule
ST-LG dated November 1, 1984.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be signed by their respective agents thereunto
duly authorized, the day and year first above written.
ALGONQUIN LNG, INC.
By: /s/ John J. Mullaney
Title: Vice President, Marketing
COLONIAL GAS COMPANY
By: /s/ John P. Harrington
Title: Vice President, Gas Supply
[END OF EXHIBIT 10qq TO COLONIAL GAS COMPANY
FORM 10-K FOR YEAR ENDING 12/31/93]