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and words in the singular number include the plural number. The word "shall" is always <br />mandatory and not merely directory. <br />a. "Affiliate" shall mean in relation to Company, a Person that controls, is controlled <br />by, or is under common control with Company. As used in this definition, the term "control" <br />means, with respect to a Person that is a corporation, the ownership, directly or indirectly, of <br />more than 50% of the voting securities of such Person or, with respect to a Person that is not a <br />corporation, the power to direct the management or policies of such Person, whether by <br />operation of law, by contract, or otherwise. <br />b. "City" shall mean the City of Paris, Texas. <br />C. "Company" shall mean Atmos Energy Corporation, Mid -Tex Division, its <br />successors and assigns, but does not include an Affiliate, which shall have no right or privilege <br />granted hereunder except through succession or assignment in accordance with Section 17. <br />d. "Gross Revenues" shall mean: <br />(1) all revenues received by Company from the sale of gas to all classes of <br />customers (excluding gas sold to another gas utility in the City for resale to its customers <br />within City) within the City; <br />(2) all revenues received by Company from the transportation of gas through <br />the System of Company within the City to customers located within the City (excluding <br />any gas transported to another gas utility in City for resale to its customers within City); <br />(3) the value of gas transported by Company for Transport Customers through <br />the System of Company within the City ( "Third Party Sales ") (excluding the value of any <br />gas transported to another gas utility in City for resale to its customers within City), with <br />the value of such gas to be established by utilizing Company's monthly Weighted <br />Average Cost of Gas charged to industrial customers in the Mid -Tex division, as <br />reasonably near the time as the transportation service is performed; and <br />(4) "Gross Revenues" shall also include fees paid pursuant to this agreement, <br />revenues billed but not ultimately collected or received by Company, and the following <br />"miscellaneous charges ": charges to connect, disconnect, or reconnect gas, contributions <br />in aid of construction, charges to handle returned checks from consumers within the City, <br />and State gross receipts fees. <br />Page 2 <br />4340964.4 <br />