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.............

AGREEMENT DATED..........................

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.