Columbia Gulf Transmission Company
Second Revised Volume No. 1
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Effective Date: 11/01/1993, Docket: RS92- 6-005, Status: Effective
Original Sheet No. 150 Original Sheet No. 150 : Effective
GENERAL TERMS AND CONDITIONS (Continued)
5. SERVICE AGREEMENT
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shall remain in effect until it is replaced, superseded, terminated, or expires by its own terms,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superseded by or in conflict with the provisions of this Tariff.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, but shall not exceed 20 years. 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Agreement to be superseded or canceled.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 transported 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.