Dominion Cove Point LNG, LP

Original Volume No. 1

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Effective Date: 05/02/2009, Docket: RP09-498-000, Status: Effective

Original Sheet No. 477 Original Sheet No. 477

 

FORM OF SERVICE AGREEMENT

APPLICABLE TO CAPACITY RELEASE

 

 

B. Operator shall have the unilateral right to propose, file and make effective with the

FERC or any other body having jurisdiction, revisions to any applicable rate schedule,

or to propose, file, and make effective superseding rate schedules for the purpose of

changing the rate, charges, and other provisions thereof effective as to Customer;

provided, however, that (i) the section regarding "Applicability and Character of

Service" of the firm service rate schedule under which Customer has obtained capacity

through this Agreement, and (ii) term shall not be subject to unilateral change under

this Article. Said rate schedule or superseding rate schedule and any revisions

thereof which shall be filed and made effective shall apply to and become a part of

this Agreement. The filing of such changes and revisions to any applicable rate

schedule shall be without prejudice to the right of Customer to contest or oppose such

filing and its effectiveness.

 

ARTICLE III

Term of Agreement

 

Subject to all the terms and conditions herein, this Agreement shall be effective as of

_________, and shall continue in effect until _______, and [from ____ to _____ thereafter, until

either party terminates this Agreement by giving written notice to the other upon ____ notice.]

 

ARTICLE IV

Regulatory Approval

 

Performance under this Agreement by Operator and Customer shall be contingent upon

Operator and Customer receiving all necessary regulatory or other governmental approvals upon

terms satisfactory to each. Should Operator and Customer be denied such approvals to provide or

continue the service contemplated or to construct and operate any necessary facilities therefor

upon the terms and conditions requested in the application therefor, then Operator's and

Customer's obligations hereunder shall terminate.

 

Article V

Incorporation By Reference of Tariff Provisions

 

To the extent not inconsistent with the terms and conditions of this Agreement, the

following provisions of Operator's effective FERC Gas Tariff, and any revisions thereof that may

be made effective hereafter are hereby made applicable to and a part hereof by reference:

 

 

 

 

A. All of the provisions of the applicable Rate Schedule applicable to the Service

Agreement under which Customer has received released capacity, or any effective

superseding rate schedule or otherwise applicable rate schedule; and

 

B. All of the provisions of the General Terms and Conditions, as they may be revised or

superseded from time to time.