East Tennessee Natural Gas, LLC
Third Revised Volume No. 1
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Effective Date: 10/29/2006, Docket: CP05-413-001, Status: Effective
First Revised Sheet No. 632 First Revised Sheet No. 632 : Effective
Superseding: Original Sheet No. 632
FORM OF RELEASED TRANSPORTATION SERVICE AGREEMENT
(Applicable to firm transportation rights released pursuant to
Section 17 of Transporter's General Terms and Conditions.)
ARTICLE III - GOVERNING TERMS AND CONDITIONS
3.1 This Agreement shall be subject to, governed by, and shall incorporate
the applicable provisions of Transporter's FERC Gas Tariff, including,
without limitation, Section 17 of the General Terms and Conditions
thereof, the Governing Rate Schedule, and the special terms and
conditions stated in each Exhibit hereto with respect to the released
transportation rights described in such Exhibit. Subject to the terms,
conditions, and limitations of this Agreement and Transporter's FERC
Gas Tariff, Replacement Shipper shall be deemed a Shipper for purposes
of the Governing Rate Schedule and the applicable provisions of
Transporter's FERC Gas Tariff and shall be subject to all obligations
thereof.
3.2 Transporter expressly reserves all rights granted to it by any
Governing Rate Schedule and the applicable provisions of its FERC Gas
Tariff to file with the Commission and place into effect unilaterally
such changes as Transporter deems necessary or desirable from time to
time in the rates, charges, terms, and conditions applicable to service
under the Tariff or Governing Rate Schedule, in order to assure
Transporter just and reasonable rates, charges, and terms and
conditions of service. In the event of a conflict between the
provisions of this Agreement and Transporter's Rate Schedule FT-A or
FT-L, as applicable, the provisions of Transporter's Rate Schedule FT-A
or FT-L, as applicable, shall govern. In the event of a conflict
between the provisions of this Agreement and Transporter's General
Terms and Conditions, the provisions of Transporter's General Terms and
Conditions shall govern.
ARTICLE IV - TERM
This Agreement shall become effective on the date first written above and
shall remain in force and effect until terminated by either Party upon thirty
days prior written notice to the other party; provided however, no such
termination may take effect during the term of any release of transportation
rights to Replacement Shipper hereunder.
ARTICLE V - SUCCESSORS AND ASSIGNS
5.1 Either Party may assign or pledge this Agreement and all rights and
obligations hereunder under the provisions of any mortgage, deed of
trust, indenture, or other instrument that it has executed or may
execute hereafter as security for indebtedness; otherwise, Shipper
shall not assign this Agreement or any of its rights and obligations
hereunder.
5.2 Any person or entity that shall succeed by purchase, transfer, merger,
or consolidation to the properties, substantially or as an entirety, of
either Party hereto shall be entitled to the rights and shall be
subject to the obligations of its predecessor in interest under this
Agreement.