Amendment to Gas Purchase Agreement between Atlas Resources, Inc., Atlas Energy Group, Inc., Resource Energy, Inc., Viking Resources Corporation, and FirstEnergy Services Corp.
This amendment, effective February 1, 2001, updates a previous agreement between Atlas Resources, Inc., Atlas Energy Group, Inc., Resource Energy, Inc. (collectively, the Seller), and FirstEnergy Services Corp. (Buyer) to include the purchase and sale of natural gas produced by Viking Resources Corporation at specified meters. Viking, now an affiliate of the Seller, is authorized to sell this gas. All other terms of the original agreement remain unchanged. The amendment is effective upon signing by all parties.
Exhibit 10.12(b)
AMENDMENT TO GAS PURCHASE AGREEMENT
THIS AMENDMENT, dated as of February 1, 2001, by and between Atlas Resources, Inc., a Pennsylvania corporation, Atlas Energy Group, Inc., an Ohio corporation, and Resource Energy, Inc., a Delaware corporation (hereinafter collectively referred to as Seller), and FirstEnergy Services Corp., an assign of Northeast Ohio Gas Marketing, Inc. (Buyer).
WHEREAS, Buyer and Seller are parties to an Agreement dated March 31, 1999 (the Agreement), concerning the sale and purchase of natural gas; and
WHEREAS, Viking Resources Corporation (Viking), is in the business of developing and producing natural gas from wells in Ohio and Pennsylvania, and recently became an affiliate of Seller; and
WHEREAS, Viking is the owner of such natural gas or is the authorized agent for the owner of such natural gas and therefore has the authority to contract for the sale of such natural gas; and
WHEREAS, as an inducement for Buyer to establish a Guaranty to Seller from Buyers parent, FirstEnergy Corp., Viking has offered to sell for itself and those owners for which it is the authorized agent all of the gas produced at the meters identified on Exhibit A attached hereto, and Buyer offered to purchase such natural gas from Viking;
NOW, THEREFORE, in consideration of the mutual covenants herein, and other good and valuable consideration, the Seller and Buyer do hereby agree to amend the Agreement to include the purchase and sale of Vikings natural gas production at the meters identified on Exhibit A.
This Amendment shall become effective upon execution by the parties.
All other terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their corporate signatures by their duly authorized officers as of the day and year first above written.
WITNESS: | SELLERS: | ATLAS RESOURCES, INC. | ||||
ATLAS ENERGY GROUP, INC. | ||||||
RESOURCE ENERGY, INC. | ||||||
VIKING RESOURCES CORPORATION | ||||||
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By: | ||||||
WITNESS: | BUYER: | FIRSTENERGY SERVICES CORP. | ||||
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