ContractNo.: 601521-1
AMENDMENT NO. 1 TO AGREEMENT TO PROVIDE SECURITY
This Amendment No. 1 to the Agreement to Provide Security dated May 17, 2012
("Amendment No. 1") is made this 7 t h day of April, 2016, by and between NORTHERN
NATURAL GAS COMPANY ('Northern"), and ENCORE E N E R G Y SERVICES, INC.
("Customer"). Northern and Customer are hereinafter sometimes referred to individually as
"Party" or collectively as "Parties."
WHEREAS, on May 17, 2012, Northern and Customer entered into the Agreement to
Provide Security;
WHEREAS, on March 2, 2016, Northern, Customer and U.S. Bank National Association
entered into the Joinder in Master Escrow Agreement ("Joinder") for the cash escrow provided
by Customer to Northern pursuant to the Agreement to Provide Security and Northern's FERC
Gas Tariff;
WHEREAS, to update certain out-of-date terms and to amend the Agreement to Provide
Security and Security Form for terms consistent with the Joinder including, but not limited to,
Wiring instructions, Northern and Customer agree to enter into this Amendment No. 1 to the
Agreement to Provide Security and to execute a new Security Form.
NOW, T H E R E F O R E , i n consideration of the Parties now existing or hereinafter arising
throughput service agreements, the Parties hereby amend the Agreement to Provide Security and
the Security Form as detailed below:
1.
The Notice addresses set forth for the Parties in Paragraph 11 is deleted and replaced
with:
If to Northern:
Northern Natural Gas Company
1111 South 103rd Street
Omaha, NE 68124-1000
Attn: Credit Department
Telephone: (402) 398-7741
Fax: (402)548-5266
If to Customer:
Encore Energy Services, Inc.
12120 Port Grace Blvd.
Suite 200
La Vista, NE 68128
Attn: Contract Administrator
Phone: (402) 905 - 4000
Email: contractadmin@encorenergy.com
2.
New Paragraph 12 is added as follows:
TO T H E F U L L E S T EXTENT PERMITTED B Y LAW, NORTHERN AND
CUSTOMER H E R E T O WAIVE ANY RIGHT E A C H MAY HAVE TO A T R I A L
BY JURY IN R E S P E C T OF LITIGATION D I R E C T L Y OR INDIRECTLY
ARISING OUT OF, UNDER OR IN CONNECTION WITH T H E AGREEMENT
TO PROVIDE S E C U R I T Y AND THIS AMENDMENT NO. 1. E A C H PARTY
FURTHER WAIVES ANY RIGHT TO CONSOLIDATE ANY ACTION IN
WHICH A J U R Y T R I A L HAS BEEN WAIVED W I T H ANY OTHER ACTION IN
WHICH A J U R Y T R I A L CANNOT B E OR HAS NOT B E E N WAIVED.
3.
The Parties agree that electronically exchanged or stored copies will be enforceable as
original documents. A signature delivered by facsimile or e-mail in portable document
format (.pdf) shall be deemed to be an original manual signature for purposes of the
Agreement to Provide Security, including this Amendment No. 1, and shall be binding
upon Northern and Customer and have the same legal effect as an original manual
signature. This Amendment No. 1 may be signed in counterparts, each of which when
signed shall be an original, but all of which shall together constitute one and the same
instrument.
4.
Capitalized terms used but not defined herein shall have the meaning given to such terms
in the Agreement to Provide Security. Except as specifically amended hereby, the terms
and conditions of the Agreement to Provide Security shall remain in full force and effect
without modification or amendment unless terminated as provided therein.
IN WITNESS WHEREOF, the Parties have duly executed this Amendment No. 1 to the
Agreement to Provide Security effective as of the date first written above.
NORTHERN:
CUSTOMER:
NORTHERN NATURAL GAS
COMPANY
ENCORE E N E R G Y SERVICES, I N C
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Contract No.: 601521-1
H£ islorthern
^Natural Gas
Request No. 2
Northern Natural Gas Security Form
DATE:
April 7,2016
CUSTOMER: Encore Energy Services, Inc.
This Security Form supersedes prior security agreements entered into between Northern and
Customer.
As provided in Northern's Tariff, Customer agrees to provide security equal to the following
amounts (Security):
Reservation charges: $170,013.00
Type of Security to be provided:
Cash Escrow
Provide Security to:
Northern Natural Gas Credit Department
1111 South 103rd Street
Omaha, NE 68124
402-398-7741
Wire Information:
U.S. Bank National Association
ABA# 091000022
USBank CT Wire Clrg
Re: 180121167365
OBI: Northern Natural Gas Company /
Encore Energy Services, Inc.
Attn: Kathleen Connelly
Cash escrow shall be provided in accordance with the Joinder in Master Escrow Agreement
executed by the Parties on March 2, 2016 ("Joinder"). Northern and Customer shall deposit the
Security into the Master Escrow Agreement dated as of December 14, 2015, by and among
Customer as Shipper, U.S. Bank National Association as Escrow Agent and Northern Natural
Gas Company as Company, as such terms are defined in the Joinder.
Signatures:
Encore Energy Services, Inc.
Northern Natural Gas Company
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