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5.5 Arranging for payment of Program bills for natural gas, transportation and other Utility charges. Public Agency understands and agrees that in the event of nonpayment by ABAG, Public Agency will be responsible for payment of Public Agency's bills for gas and services, even if the Public Agency has already made payment to ABAG for those gas quantities and services. Public Agency understands that if ABAG's contract with the Utility terminates for any reason, on Public Agency's receipt of notice from Utility, Public Agency will receive gas service for Exhibit A accounts under core procurement service from the Utility commencing on the first day of Public Agency's next billing cycle pursuant to the terms and conditions of the applicable core procurement Tariff Rate Schedule for each Public Agency's accounts for the remainder of the Contract Year. 6. Title: All purchase, transportation and other gas service contracts shall be in the name of ABAG. 7. Term: Subject to the provisions of Paragraphs 12 or 13 hereof, and receipt of timely notifications of alternative arrangements, this Agreement shall be in full force and effect from the date first written above until June 30, 1998. Subject to Paragraph 13, the term of this Agreement shall be automatically extended for additional one-year periods upon ABAG's submission to Public Agency of written notice no later than June 1 of each year and stating all proposed fees for the extension period. 8. Fees: The operational fees for all the services described in Paragraphs 3 and 5 above will be one cent ($.01) per therm used by Public Agency until June 30, 1998. An administrative fee of nine -tenths of one cent ($.009) per therm used by Public Agency will also be charged until June 30, 1998. 9. Payment: 9.1 On a monthly basis, unless otherwise approved by Public Agency, ABAG will provide, or cause to be provided, to Public Agency a consolidated invoice for the Public Agency's facilities serviced under this Agreement. Invoices will be directed to and payment is to be made directly by Public Agency to the escrow account designated pursuant to Paragraph 10 of this Agreement. Payment is due immediately upon receipt of the invoice. Late payment charges at the rate of one and a half percent (1.5%) per month calculated daily on the outstanding balance will be imposed commencing on the thirty- first (31 st) day after the mailing date of the invoice. Late payment charges may, at ABAG's sole discretion, be debited against Public Agency's Credit Account as defined in Paragraph 9.3. 9.2 ABAG will invoice Public Agency, and Public Agency will pay, in monthly installments, sums representing payments in advance for the natural gas and services provided under this Agreement (Invoiced Amounts). Initially, Invoiced Amounts will be based on ABAG's estimate of Public Agency's consumption of natural gas for the month leveled to eliminate extreme consumption fluctuations but adjusted to reflect moderated seasonal fluctuations. Each invoice will also identify the costs, if any, of natural gas, transportation, utility charges, operational fees and administration fees charged to Public Agency for the period identified in the invoice (Actual Charges). Any disputes between the parties regarding the amount of any Actual Charges shall be resolved pursuant to Section H of Exhibit B to this -3-