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AGREEMENT BETWEEN A VISTA UTILITIES CORPORATION VISTA") AND CITY OF MOSCOW, IDAHO ("CITY") TO EXTEND THE CURRENT NON-EXCLUSIVE FRANCHISE FOR THE PROVISION OF NATURAL GAS DISTRIBUTION WITHIN THE CITY UNTIL THE EFFECTIVE DATE OF A NEW NON-EXCLUSIVE NATURAL GAS FRANCHISE ORDINANCE WITH A VISTA. WHEREAS, the current Natural Gas Franchise between the parties (pursuant to Ordinance Nos. 968 and 1452) extends to March 7, 2006; and WHEREAS, the first reading of the Gas Franchise Ordinance was considered on March 6, 2006; the second reading is scheduled for March 21, 006; and the third and final reading is scheduled for April 17, 2006; and WHEREAS, City and A vista have negotiated and wish to enter into a new non-exclusive Natural Gas Franchise in the near future; and WHEREAS, there is no prohibition in the law nor in the current Gas Franchise Ordinance from agreeing to extend the current Gas Franchise until the effective date of the new Gas Franchise; and WHEREAS, it is the desire of both parties to extend the current non-exclusive Natural Gas Franchise with A vista until such time as the new Gas Franchise with A vista is approved and effective pursuant to law; NOW, THEREFOR, premises considered, the parties agree to the following: 1. The non-exclusive Natural Gas Franchise between City of Moscow, Idaho and A vista Utilities Corporation (as set out in Moscow City Ordinances 968 and 1452) be and the same is hereby extended until April 30, 2006 or until such time as the new non-exclusive Natural Gas Franchise between the parties is effective; and 2. All terms and conditions, including the payment of the Franchise Fee, required under Moscow City Ordinances 968 and 1452, shall remain in effect during the pendency of this extension Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF MOSCOW, IDAHO A VISTA UTILITIES CORPORATION Mike Thomason, Palouse Area Manager As duly authorized agent of A vista Utilities Corporation for purposes stated herein A ViSTA UTlUTlES CORPORATJON 2006-12 ---PAGE BREAK--- ATTEST: STATE OF IDAHO ) ) ss. County of Latah ) ACKNOWLEDGMENT On this day of March, 2006, before me, a Notary Public in and for said State, appeared Mike Thomason, known to me to be the person named above and acknowledged that he executed the foregoing document as the duly authorized representative for A vista Utilities Corporation. Notary Public for the State Residing My commission expires. Agreernem 1 A v•staL:tilitic5COi-p,Non-ExclusiveFranchise(2006 )rpm AVlSTA tJTfUTIES CORPORATlON No:--:1EXCLUSJVI: FRA\:CI!fSE