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.