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Gas Service Agreement

GAS SERVICE AGREEMENT

 

 

Westville, Illinois

 

                                                                                                                        , 20     

 

          This Agreement made by and between the Village of Westville, a municipal corporation, hereinafter referred to as “Village” and                                                                                     , hereinafter referred to as “Customer”, WITNESSETH:

 

          1.       Village shall supply and Customer shall accept and pay for all gas furnished to customer for the operation of customer’s equipment installed or to be installed by the                            day of                                        , A.D., 20      , in Customer’s                                                                                                                 

                                        (here insert type of building to be serviced)

located at                                                                                                                  

at the price and charges therefor, pursuant to Village’s gas price schedule, and upon the terms and conditions set forth in Ordinance No. 1059, adopted by the Village or as amended and modified from time to time.  Customer agrees to pay for all gas passing through meter placed on customer’s premises pursuant to this agreement.

          2.       The point of delivery at which gas shall be supplied, measured and accepted hereunder shall be at outlet of Village’s meter located at above address.  Customer agrees to provide free of charge to Village a right-of-way over its premises for the location of necessary service pipes and a suitable location for Village’s appropriate equipment.

          3.       Village shall use reasonable diligence in furnishing a regular and uninterrupted service; but in case such service should be interrupted and fail by any act of God or public enemy, fire, explosion, flood, strike, other cessation of work by personnel, picketing, insurrection, mob violence, governmental interference, breakdown or injury to machinery or distributing lines, extraordinary repairs or other accident or causes not reasonably within its control.  Village shall not be liable in damages to or, loss of property, or injuries (including death) to persons, caused directly or indirectly by any such interruption of service and such interruption shall not constitute a breach of this agreement on the part of the Village.

          4.       Village shall render bills monthly for service furnished pursuant to the terms of this contract, and Customer shall pay such bills in accordance with the terms of Village’s gas price schedule herein referred to.  In the event that any such bill is not so paid, Village may temporarily suspend the supply of gas or cancel this contract.  Suspending the supply of gas or the canceling of this contract shall not release Customer from the obligations to pay for any services furnished and the minimum charges under said price schedule for the period herein established, nor from liability for damages because of any breach hereof.  It is further understood and agreed that all
bills shall be paid within fifteen (15) days after the rendition thereof, after which a penalty of ten percent (10%) shall be added and collected as a part of the bill.  In the event bills are not paid within forty-five (45) days after the rendition of same, the Village may discontinue without notice the furnishing of gas.

          5.       Village shall not be liable for any loss or damage to property or injury to or death of persons whether suffered by Customer, its agents or employees, or by any third person, persons or corporation, resulting from the location, use or operation of gas or other equipment located on Customer’s side of the point of delivery or gas service hereunder or from gas present therein or escaping therefrom and Customer shall indemnify and save Village harmless from all such loss, damages, injury or death.  Village shall not be liable under any circumstances for loss by fire on Customer’s premises.

          6.       The Village agrees to use due care in trenching, laying pipe and backfilling and in the performance of other installations, but the Village shall only be required to backfill all trenches to approximate preexisting level and shall not be required to restore vegetation necessarily disturbed in the furnishing of service.

          7.       The Customer agrees that title to all installation of service pipes, regulators, meters or other fixtures, parts or equipment placed upon the Customer’s property by the Village, shall remain in the Village and the Customer further agrees not to disconnect, disturb, or remove same without prior written consent first secured from Village.

          8.       The Customer shall be entitled to use gas for all of the following purposes:

 

                                                                                                                                 

                                                                                                                                 

                                                                                                                                 

                                                                                                                                 

Additional use of gas shall not be made.

 

          9.       Nothing in this agreement is to be construed as waiving any of the requirements of any ordinance of the Village of Westville, without consent first received from the Village.

          10.     Wherever this agreement is signed by the owner and occupant or by owners and occupants, the obligation of each owner and occupant shall be joint and several.

          11.     Customer agrees to use gas or to pay the minimum bill for the six (6) months next following installation of service, and may at any time thereafter request discontinuance of service.  The requirement of six (6) months’ use of gas or six (6) months’ minimum billing shall not apply wherever this agreement is executed after gas has been used for six (6) months at premises listed in said agreement.  Provided that, if customer’s use of gas is for heating purposes only, the period of six (6) months’ use shall commence with the start of the heating season next following the signing of this agreement.

 

          12.     Customer piping shall be minimum one (1) inch steel.  No other material shall be allowed except stoves, dryers or other appliances, approved by manufacturer, may have flex connectors.

 

                                                            Signed by                                                       

                                                                           Owner of above-described property

 

                                                            Address of Owner                                           

 

                                                            Phone                                                            

 

                                                            Signed by Occupant                                        

 

                                                            Address of Occupant                                       

 

                                                            THE VILLAGE OF WESTVILLE

 

                                                            BY:                                                                

                                                                      Its Duly Authorized Agent