Egan Hub Storage, LLC
First Revised Volume No. 1
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Effective Date: 01/01/2004, Docket: RP04-114-000, Status: Effective
Original Sheet No. 240 Original Sheet No. 240 : Effective
FORM OF SERVICE AGREEMENT FOR
CAPACITY RELEASE UMBRELLA AGREEMENT UNDER
RATE SCHEDULES FSS AND SSS
This Umbrella Service Agreement, made and entered into this ____ day of
______________, by and between_________________________(herein called
"Replacement Customer"), and EGAN HUB STORAGE, LLC, a Delaware limited
liability company (herein called "Egan Hub"),
W I T N E S S E T H:
WHEREAS,
NOW, THEREFORE, for and in consideration of the mutual covenants and
promises herein contained, the Replacement Customer and Egan Hub hereby agree
as follows:
ARTICLE I
SCOPE OF AGREEMENT
Subject to the terms, conditions and limitations hereof, so long as the
financial evaluation and credit appraisal requirements are met in order for
Replacement Customer to be on Egan Hub's approved bidder list for capacity
releases and execute this Umbrella Service Agreement pursuant to Section 4 of
Egan Hub's General Terms and Conditions, and this Umbrella Service Agreement
is effective, Replacement Customer may bid from time to time on proposed
capacity releases under Rate Schedules FSS and SSS pursuant to the procedure
set forth in Section 4 of Egan Hub's General Terms and Conditions. If at any
time a bid submitted by Replacement Customer is accepted by Egan Hub with
respect to a given capacity release, Egan Hub will promptly finalize by means
of Egan Hub's LINK® System the appropriate Addendum to this Umbrella Service
Agreement, in the format attached hereto. The parties agree that each
Addendum is an integral part of this Umbrella Service Agreement as if executed
by the parties hereto and fully copied and set forth herein at length and is
binding on the parties hereto. Upon finalization of such Addendum,
Replacement Customer and Egan Hub agree that Replacement Customer shall be
considered for all purposes as a Customer with respect to the released
service.
Upon the finalization of an Addendum, subject to the terms, conditions
and limitations hereof and of Egan Hub's Rate Schedules FSS and SSS, Egan Hub
agrees to provide the released service for Replacement Customer under the
applicable rate schedule, provided however, the Replacement Customer qualified
under the financial evaluation and credit appraisal requirements set forth in
Section 3 of Egan Hub's General Terms and Conditions at the time it submitted
the bid Egan Hub accepted with respect to such release.
Replacement Customer hereby agrees to promptly provide any information
necessary for Egan Hub to reevaluate Egan Hub's credit appraisal as
contemplated by Section 3 of Egan Hub's General Terms and Conditions and to
advise Egan Hub of any material change in the information previously provided
by the Replacement Customer to Egan Hub.