Kinder Morgan Illinois Pipeline LLC
Original Volume No. 1
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Effective Date: 12/01/2007, Docket: RP08- 34-000, Status: Effective
Original Sheet No. 301 Original Sheet No. 301 : Effective
[FOR RATE SCHEDULES FTS AND ITS]
Contract No. ....
KINDER MORGAN ILLINOIS PIPELINE LLC (KMIP)
TRANSPORTATION RATE SCHEDULE.............
UNDER SUBPART........ OF PART 284
OF THE FERC'S REGULATIONS (CON'T)
c. (DISCOUNTED RATE AGREEMENTS ONLY) Refunds. In no event shall KMIP be required to
refund to Shipper any amounts collected for service to which the discounted
rate(s) apply, unless the relevant discounted rate billed to Shipper exceeds
the corresponding applicable effective maximum rates set forth in KMIP's FERC
Gas Tariff, as approved by the FERC from time to time.
d. (NEGOTIATED RATE AGREEMENTS ONLY) Refunds. In no event shall KMIP be required
to refund to Shipper any amounts collected for service to which the negotiated
rates apply, notwithstanding any otherwise applicable maximum or minimum rate
set forth in KMIP's FERC Gas Tariff, as may be revised from time to time.
e. Notifications. Except as otherwise may be expressly provided herein, any notice
or communication contemplated or required by this Agreement shall be in writing
unless oral notification is expressly authorized herein, and shall be sent to
the appropriate party at the relevant address set forth in the Agreement, as
may be revised from time to time.
f. Nonwaiver of Rights. No delay or failure to exercise any right or remedy
accruing to either KMIP or Shipper upon breach or default by the other will
impair any right or remedy or be construed to be a waiver of any such breach or
default, not will a waiver of any single breach be deemed a waiver of any other
breach or default.
g. Succession and Assignment. Any entity which shall succeed by purchase, merger
or consolidation to title to the properties, substantially as an entirety, of
KMIP or Shipper as the case may be, shall be entitled to the rights and shall
be subject to the obligations of its predecessor in title under this Agreement.
No other assignment of this Agreement or of any of the individual rights or
obligations hereunder by Shipper shall be effective as to KMIP without the
prior express written consent of KMIP.
h. No Third Party Beneficiaries. This Agreement shall not create any rights in any
third parties, and no provision of this Agreement shall be construed as
creating any obligations for the benefit of, or rights in favor of, any person
or entity other than KMIP or Shipper.
i. Conformance to Law. It is understood that performance hereunder shall be
subject to all valid laws, orders, rules and regulations of duly constituted
governmental authorities having jurisdiction or control of the matters related
hereto, including without limitation the Federal Energy Regulatory Commission.