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AMENDING AGREEMENT
THIS AMENDING AGREEMENT, made as of the 20th day of July, 1998.
BETWEEN: TRANSCANADA PIPELINES LIMITED
a Canadian corporation
("TransCanada")
OF THE FIRST PART
AND: SELKIRK COGEN PARTNERS, L.P.
a company incorporated under the laws of
the State of Delaware
("Shipper")
OF THE SECOND PART
WITNESSES THAT:
WHEREAS TransCanada and Shipper are parties to a contract for firm
transportation service to the Iroquois delivery point made as of the 6th day of
September, 1991, as amended, identified in TransCanada's records as Contract No.
2132 and having a current Contract Demand of 594.9 103m3 per day, (hereinafter
called the "Contract"); and
WHEREAS Shipper has requested, and TransCanada has agreed to a decrease of
170.0 103m3 per day in the Contract Demand of the Contract, concurrent with
Paramount Resources Ltd. ("Paramount") accepting a new volume of 170.0 103m3 per
day under a separate firm service transportation contract of even date herewith
pursuant to an assignment of that capacity from Shipper to Paramount (the
"Permanent Assignment") under a permanent assignment agreement of even date
herewith (the "Permanent Assignment Agreement").
NOW THEREFORE THIS AGREEMENT WITNESSES THAT, in consideration of the
covenants and agreements herein set forth, the parties hereto covenant and agree
as follows:
1. Clause 2.1 of the Contract shall be and is hereby amended by replacing the
number "594.9" wherever this number appears with the number "424.9".
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2. The Contract as herein modified is hereby ratified and confirmed.
3. This Amending Agreement and the rights and obligations of the parties
hereunder are subject to all valid and applicable present and future laws,
rules, regulations, and orders of any regulatory or legislative authority having
jurisdiction or control over TransCanada's Transportation Tariff (including
without limitation the FT Toll Schedule), and the Contract as herein amended and
the assignment or sub-assignment of the service entitlement thereunder.
4. This Amending Agreement shall be construed in accordance with and governed by
the laws of the Province of Alberta, and, when applicable, the laws of Canada.
5. All terms and conditions herein capitalized and not otherwise defined in this
Amending Agreement are incorporated by reference into this Amending Agreement
from the FT Toll Schedule, the List of Tolls, and the General Terms and
Conditions set out in TransCanada's Transportation Tariff as amended or approved
from time to time by the National Energy Board.
6. This Amending Agreement shall inure to the benefit of and be binding upon the
parties hereto and their respective successors and permitted assigns.
7. This Amending Agreement shall be effective the later of (a) the 1st day of
November, 1998, or (b) the Effective Date as defined in Paragraph 3 of the
Permanent Assignment Agreement; provided that this Amending Agreement shall be
deemed null and void if the Permanent Assignment does not become effective in
accordance with the terms of the Permanent Assignment Agreement.
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Sheet No. 2
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IN WITNESS WHEREOF, the parties hereto have executed this Contract as of
the date first above written.
SELKIRK COGEN PARTNERS, L.P.: TRANSCANADA PIPELINES LIMITED:
by: JMC Selkirk, Inc., Managing
General Partner
/s/George J. Grunbeck /s/Greg Fisher
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(Signed) (Signed)
George J. Grunbeck Greg Fisher
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(Print Name) (Print Name)
Vice President Vice President
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(Title) (Title)
TRANSCANADA PIPELINES LIMITED:
/s/ Max Feldman
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(Signed)
Max Feldman
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(Print Name)
VP Customer Service
--------------------------------
(Title)
Contract Approval
Portfolio Team Review X
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Legal Review --------