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.