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Appendix B · Franchises

ARTICLE I Definitions

For the purpose of this franchise, the following words and phrases shall have the meaning given in this Article. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. The word “shall” is mandatory and “may” is permissive.

Words not defined in this Article shall be given their common and ordinary meaning.

1.1 “Governing Body” refers to and is the governing body of the City of MARION.

1.2 “Company” refers to and is Atmos Energy Corporation and its successors and assigns.

1.3 “Distribution Facilities” refer to and are only those facilities reasonably necessary to provide gas within the City.

1.4 “Facilities” refer to and are all facilities reasonably necessary to provide gas into, within and through the City and include plants, works, systems, lines, equipment, pipes, mains, underground links, gas compressors and meters.

1.5 “Gas” or “Natural Gas” refers to and is such gaseous fuels as natural, artificial, synthetic, liquefied natural, liquefied petroleum, manufactured or any mixture thereof.

1.6 “Kansas Corporation Commission” and/or “KCC” refer to and is the State Corporation Commission of the State of Kansas or other authority succeeding to the regulatory powers of the KCC.

1. 7 “Revenues” refer to and are those amounts of money which the Company receives from its customers within the City for the sale of gas under rates, temporary or permanent, authorized by the KCC and represents amounts billed under such rates as adjusted for refunds, the net write-off of uncollectible accounts, corrections or other regulatory adjustments.

1.8 “Streets and Other Public Places” refer to and are streets, alleys, viaducts, bridges, roads, lanes, easements, public ways and other public places in said City.

1.9 “City” refers to and is the City of MARION, MARION County, Kansas, and includes the territory as currently is or may in the future be included within the boundaries of the City of MARION.