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. 304 Original Sheet No. 304 : Effective
EXHIBIT A (Cont'd.)
DATED ............
Rates
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Except as otherwise provided below or in any written agreement(s)
between the parties in effect during the term hereof, Shipper shall
pay KMIP the applicable maximum rate(s) and all other lawful charges
as specified in KMIP's applicable rate schedule. Shipper and KMIP may
agree that Shipper shall pay a rate other than the applicable maximum
rate so long as such rate is between the applicable maximum and
minimum rates specified for such service in the Tariff. KMIP and
Shipper may agree that a specific discounted rate will apply only to
certain volumes under the agreement. The parties may agree that a
specified discounted rate will apply only to specified volumes (MDQ
or commodity volumes) under the agreement; that a specified
discounted rate will apply only if specified volumes are achieved or
only if the volumes do not exceed a specified level; that a specified
discounted rate will apply only during specified periods of the Year
or for a specifically defined period; that a specified discounted
rate will apply only to specified points, zones, mainline segments,
supply areas, transportation paths, markets or other defined
geographical area(s); that a specified discounted rate(s) will apply
in a specified relationship to the volumes actually transported;
(i.e., that the reservation charge will be adjusted in a specified
relationship to volumes actually transported); and/or that a specific
discount rate shall apply only to reserves dedicated by Shippers to
KMIP's system. Notwithstanding the foregoing, no discount agreement
may provide that an agreed discount as to a certain volume level will
be invalidated if the Shipper transports an incremental volume above
that agreed level. In addition, the discount agreement may include a
provision that if one rate component which was at or below the
applicable maximum rate at the time the discount agreement was
executed subsequently exceeds the applicable maximum rate due to a
change in KMIP's maximum rates so that such rate component must be
adjusted downward to equal the new applicable maximum rate, then
other rate components may be adjusted upward to achieve the agreed
overall rate, so long as none of the resulting rate components exceed
the maximum rate applicable to that rate component. Such changes to
rate components shall be applied prospectively, commencing with the
date a Commission order accepts revised tariff sheets. However,
nothing contained herein shall be construed to alter a refund
obligation under applicable law for any period during which rates
which had been charged under a discount agreement exceeded rates
which ultimately are found to be just and reasonable. If the parties