| (a) Existing contracts with termination provisions. (1) If an agency is currently purchasing gas under an existing contract which makes provision for termination and GLO can provide the agency with state gas at a comparable or better price, GLO may offer the agency a state gas contract. (2) If the agency declines GLO's contract it may make application for a waiver under §8.7 of this title (relating to Waivers for Contracts for the Acquisition of Non-State Gas). (3) If the agency is not granted a waiver under §8.7 of this title (relating to Waivers for Contracts for the Acquisition of Non-State Gas), GLO will monitor the price difference and report the potential savings, if any, as provided under §8.10 of this title (relating to Reporting Contract Savings). (b) Existing contracts without termination provisions. (1) GLO shall issue a waiver under §8.7 of
this title (relating to Waivers for Contracts for the Acquisition of Non-State Gas), with respect to existing contracts for which GLO could substitute a state gas contract to provide gas at a comparable or lower price and that do not have a provision for termination upon a showing by the agency that: (A) the contract does not contain a termination provision; and (B) the current provider will not agree to terminate the contract. (2) If the agency is unable to provide reasonable documentation of the conditions for waiver under this paragraph, the provisions of subsection (a) of this section will apply to the existing contract.
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