Eastern Shore Natural Gas Company
Second Revised Volume No. 1
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Effective Date: 10/15/1998, Docket: RP98-402-000, Status: Effective
First Revised Sheet No. 304 First Revised Sheet No. 304 : Effective
Superseding: Original Sheet No. 304
FORM OF SERVICE AGREEMENT
Interruptible Transportation (IT) Service
(For Use Under Seller's Rate Schedule IT)
(Continued)
ARTICLE IV
Payment and Rights of Termination
4.1 Except as provided to the contrary in any written
agreement(s) between Buyer and Seller in effect during the term
hereof, Buyer shall pay Seller, for all service rendered hereunder,
the applicable maximum rate, and all other lawful charges, as
specified in Seller's Rate Schedule IT, as filed with the FERC and
as said Rate Schedule may hereafter be legally amended or
superseded. Buyer and Seller may mutually agree that Buyer 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 Seller's Tariff. Buyer and Seller may agree
that a specific discounted rate will apply only to certain
quantities under this Agreement; that a specified discounted rate
will apply only if specified quantities are achieved or only if the
quantities 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; and/or that a specified
discounted rate will apply only to specified rate zones, Delivery
Point Areas, delivery points or other defined geographic area.
4.2 In the event Buyer fails to pay for the service provided
under this Agreement or otherwise fails to meet Seller's standards
for creditworthiness, Seller shall have the right to terminate this
Agreement pursuant to the conditions set forth in Section 11,
Section 18 and Section 19 of the General Terms and Conditions of
Seller's FERC Gas Tariff.
4.3 In the event Buyer and Seller mutually agree to a
negotiated rate(s) and/or terms of service hereunder (if authorized
by the Commission), provisions governing such negotiated rate
(including surcharges) and terms shall be set forth on Exhibit "A"
to this Agreement.