Cheniere Creole Trail Pipeline, L.P.

Original Volume No. 1

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Effective Date: 04/28/2008, Docket: RP08-137-000, Status: Effective

Original Sheet No. 401 Original Sheet No. 401 : Pending

 

 

FORM OF SERVICE AGREEMENT

RATE SCHEDULE FTS

(Continued)

 

4. TERM:

 

This Service Agreement shall become effective when executed by Transporter and

Shipper. Service hereunder will commence on ___________________________ and

will continue in force and effect until 9:00 a.m. Central Clock Time on

___________________________. Thereafter, this Service Agreement shall continue

from year to year until terminated by Transporter or Shipper upon written

notice of one year or the term of this Service Agreement, whichever is less.

Any such written notice shall be subject to the right of first refusal set

forth in the General Terms and Conditions of Transporter's FERC Gas Tariff.

 

5. RATES:

 

Maximum rates, charges, and fees shall be applicable for the entitlements and

quantities delivered pursuant to this Service Agreement unless Transporter has

advised Shipper in writing at the address below or by Transporter's Internet

Website that it has agreed otherwise. Nothing herein shall obligate

Transporter to provide service at less than the maximum rates, but Transporter

may agree to provide service to Shipper at a specified discount, in which case

such discount shall not be provided at a rate lower than the variable costs

included in Transporter's currently effective usage rate. If Shipper and

Transporter agree to a negotiated rate and specified term for service

hereunder, provisions governing such negotiated rate and term shall be

applicable, as set forth in Section 8 herein and/or as reflected on the

currently effective rate sheet filed as part of Transporter's FERC Gas Tariff.

 

It is further agreed that Transporter may seek authorization from the

Commission and/or other appropriate body at any time and from time to time to

change any rates, charges or other provisions in the applicable Rate Schedule

and General Terms and Conditions of Transporter's FERC Gas Tariff, and

Transporter shall have the right to place such changes in effect in accordance

with the Natural Gas Act. This Service Agreement shall be deemed to include

such changes and any changes which become effective by operation of law and

Commission order. Nothing contained herein shall be construed to deny Shipper

any rights it may have under the Natural Gas Act, including the right to

participate fully in rate or other proceedings by intervention or otherwise to

contest increased rates in whole or in part. Notwithstanding the foregoing,

Transporter and Shipper agree not to initiate any proceeding before the FERC

with respect to a negotiated rate set forth in Section 8 herein for the

effective term of such negotiated rate.