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. 556 Original Sheet No. 556

 

FORM OF ASSIGNMENT AGREEMENT (Cont'd)

 

2. Obligations of Replacement Shipper.

 

(a) Replacement Shipper shall be responsible for nominating and scheduling with Transporter all service

to be rendered by Transporter for the benefit of Replacement Shipper under this Agreement.

 

(b) Replacement Shipper shall comply with (i) the terms and conditions of the assigned Service

Agreement or Assignment Agreement described in Section 1 above, (ii) Transporter's applicable Rate Schedule,

(iii) Appendix A attached hereto, (iv) the General Terms and Conditions of Transporter's Tariff, under which

Replacement Shipper shall be deemed to be a "Shipper", and (v) the terms, conditions and provisions specified in

the Release Notice bearing the above-referenced Offer No.

 

(c) On two-part rate releases, Replacement Shipper shall pay to Transporter a reservation charge of

$________ per Dth/month or ______% of the maximum rate per Dth/month; and Replacement Shipper shall pay to

Transporter all commodity charges and any commodity surcharges. On one-part volumetric rate releases,

Replacement Shipper shall pay to Transporter a rate of _____¢ per Dth/day/month or ______% of the maximum rate

per Dth/day/month. Any releases at the maximum Tariff rate or at a % of the maximum Tariff rate are subject to

adjustment as these rates may be changed from time to time upon approval of the Commission. In addition,

Replacement Shipper shall pay to Transporter (i) any penalties or imbalance correction costs associated with the

capacity and service rights assigned under this Agreement and (ii) any applicable overrun charges, as set forth

in Transporter's currently-effective Tariff, as any of these charges may be adjusted from time to time upon

approval of the Commission. As provided in Section 14.8(b) of the General Terms and Conditions of Transporter's

Tariff, in the event of termination of Releasor's Service Agreement with Transporter under Section 10.4 of the

General Terms and Conditions, Replacement Shipper's Assignment Agreement with Transporter is deemed terminated

unless Replacement Shipper agrees to pay the lower of: the Releasor's contract rate or (2) the maximum tariff

rate for the service for the remainder of the Replacement Shipper's Assignment Agreement.

 

3. Obligations of Transporter. Transporter shall provide service to Replacement Shipper and shall bill

Releasor and Replacement Shipper in accordance with (i) the assigned Service Agreement or Assignment Agreement

described in Section 1 above, (ii) Transporter's applicable Rate Schedule, (iii) Appendix A attached hereto, and

(iv) the General Terms and Conditions of Transporter's Tariff.

 

4. Term. Service under this Agreement shall commence as of _________________________, 20____, and shall

continue in full force and effect until _________________________, 20____.

 

5. Releasor's Recall Rights. This Agreement and the assignment herein shall be subject to Releasor's

rights to recall in accordance with the Transporter's Tariff requirements under Section 14 and the recall

provisions stated on the Release Notice bearing the above-referenced Offer No.