Columbia Gas Transmission LLC

Third Revised Volume No. 1

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Effective Date: 03/03/2009, Docket: RP09-340-000, Status: Effective

Original Sheet No. 284 Original Sheet No. 284

 

GENERAL TERMS AND CONDITIONS (Cont'd)

 

5. SERVICE AGREEMENT AND ELECTRONIC CONTRACTING

 

5.1 Form of Service Agreement. Shipper shall enter into a contract with Transporter under Transporter's

applicable standard Form of Service Agreement or Assignment Agreement prior to receiving service from

Transporter under any Rate Schedule; provided, however, that a Service Agreement between Transporter and

Shipper that was in effect on the effective date of this Tariff shall remain in effect until it is replaced,

superseded, terminated, or expires by its own terms, and shall be considered as an executed Service Agreement

to the extent that its provisions are not superseded by or in conflict with the provisions of this Tariff.

Shippers with new levels of service shall execute new Service Agreements. As used in this Tariff, "Service

Agreement" shall include Assignment Agreements unless otherwise specified.

 

5.2 Term. The period of time to be covered by the Service Agreement (but not including Assignment

Agreements) shall be determined (i) by agreement between the parties or (ii) in accordance with the auction

procedures set forth at Section 4 (Auctions of Available Firm Service) of the General Terms and Conditions.

Where the Service Agreement supersedes or cancels an existing Service Agreement, however, Transporter may

require that the term of the Service Agreement shall be not less than the unexpired portion of the

term contained in the Service Agreement to be superseded or canceled. The term of an Assignment Agreement

shall be determined in accordance with the provisions of Section 14 (Release and Assignment of Service Rights)

of the General Terms and Conditions.

 

5.3 Quantity Obligations and Requirements. The quantities of gas to be sold, transported, injected,

withdrawn or stored by Transporter shall be set forth in the applicable Service Agreement.

 

5.4 Successors and Assigns. Any company that succeeds by purchase, merger, or consolidation to the gas

properties of Transporter or of Shipper substantially as an entirety, and any Affiliated Successor in Interest

that acquires from Transporter the properties of Transporter used in interstate commerce in rendering service

to Shipper, shall be entitled to the rights and shall be subject to the obligations of its predecessor

in title under the Service Agreement. Shipper, Transporter, and their successors may assign or pledge

the Service Agreement under the provisions or any mortgage, deed of trust, indenture or similar instrument

that it has executed or may execute hereafter; provided, however, that such mortgage, deed of trust, indenture

or similar instrument shall cover the properties of such party as an entirety unless such party is an

Affiliated Successor in Interest as described above. Otherwise no party shall assign the Service Agreement or

any of its rights thereunder unless it first shall have obtained in writing the consent thereto of the other

party; provided, however, that Shipper may release and assign service rights contracted for under such Service

Agreement pursuant to the conditions, and subject to the limitations, of Section 14 (Release and Assignment of

Service Rights) of the General Terms and Conditions. Any direct or indirect assignment of service rights by

Shipper under this paragraph shall be made in good faith and not for the purpose of avoiding the requirements

of Section 14.

 

5.5 Waiver of default. No waiver by either party of any one or more defaults by the other in the

performance of any provisions of the Service Agreement shall operate or be construed as a waiver of any future

default or defaults, whether of a like or different character.