Garden Banks Gas Pipeline, LLC

Original Volume No. 1

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Effective Date: 05/10/2010, Docket: RP10-594-000, Status: Effective

Original Sheet No. 148 Original Sheet No. 148

GENERAL TERMS AND CONDITIONS

37.4 EFFECT OF NEGOTIATED RATE

By agreeing to a Negotiated Rate(s) or Negotiated Rate

Formula, Shipper acknowledges that the otherwise

generally applicable Recourse Rate shall not apply or be

available to Shipper for service under the applicable

Service Agreement during the period for which the

Negotiated Rate(s) or Negotiated Rate Formula is

effective, notwithstanding any adjustment to such

Recourse Rate or Negotiated Rate Formula which may

become effective during the period for which the

Negotiated Rate(s) or Negotiated Rate Formula is

effective. If, at any time during the period for which

the Negotiated Rate(s) or Negotiated Rate Formula is

effective, Transporter is collecting its effective

Recourse Rate subject to refund under Section 4 of the

Natural Gas Act, Transporter shall have no refund

obligation to Shipper even if the final Recourse Rate is

reduced to a level below the Negotiated Rate(s) or

Negotiated Rate Formula.

37.5 CAPACITY RELEASE

The capacity release provisions contained within this

Tariff shall not apply to a Shipper receiving firm

transportation service with a Negotiated Rate(s) or

Negotiated Rate Formula that does not contain a

reservation rate.