East Tennessee Natural Gas, LLC

Third Revised Volume No. 1

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Effective Date: 05/21/2009, Docket: RP09-528-000, Status: Effective

Third Revised Sheet No. 711 Third Revised Sheet No. 711

Superseding: Second Revised Sheet No. 711

 

SUPPLY AGGREGATION SERVICE AGREEMENT

(For Use Under Rate Schedule SA)

 

Date:__________________________, Contract No.__________________

 

SERVICE AGREEMENT

 

This AGREEMENT is entered into by and between East Tennessee Natural Gas, LLC, ("Transporter")

and _____________________________________ ("Aggregator").

 

WHEREAS,

 

NOW THEREFORE, in consideration of the premises and of the mutual covenants herein contained,

the parties do agree as follows:

 

1. Transporter shall deliver and Aggregator shall take and pay for service pursuant to the terms

of this Agreement and subject to Rate Schedule SA in Transporter's Tariff and subject to the

General Terms and Conditions of Transporter's Tariff. Rate Schedule SA, an Exhibit A, if

executed, and the General Terms and Conditions of Transporter's Tariff are incorporated

herein by reference and made a part hereof.

 

2. This Agreement shall be effective as of ___________ and shall remain in force and effect on a

month to month basis thereafter unless this contract is terminated as hereinafter provided.

This contract may be terminated by either Transporter or Aggregator upon 30 days prior

written notice to the other. Any portions of this Agreement necessary to resolve or cash-out

imbalances under this Agreement as required by the General Terms and Conditions of

Transporter's FERC Gas Tariff shall survive the other parts of this Agreement until such time

as such balancing has been accomplished; provided, however, that Transporter notifies

Aggregator of such imbalance no later than twelve months after the termination of this

Agreement. Transporter may, in its sole discretion, suspend or terminate this Agreement in

the event Aggregator fails to comply with any of the provisions of this Agreement or with any

of the terms and conditions of Transporter's FERC Gas Tariff. Transporter shall give

Aggregator 30 days prior notice of Aggregator's failure to so comply. If any provision of

this Agreement is declared null and void, or voidable, by a court of competent jurisdiction,

then that provision will be considered severable at Transporter's option; and if the

severability option is exercised, the remaining provisions of the Agreement shall remain in

full force and effect.

 

3. Aggregator agrees that Transporter shall have the unilateral right to file with the

appropriate regulatory authority and make changes effective in the rates, charges, and

provisions applicable to service pursuant to Rate Schedule SA and in any provisions of

Transporter's General Terms and Conditions as they may be revised or replaced from time to

time. Without prejudice to Aggregator's right to contest such changes, Aggregator agrees to

pay the effective rates and charges for service rendered pursuant to this Agreement.

Transporter agrees that Aggregator may protest or contest the aforementioned filings, or may

seek authorization from duly constituted regulatory authorities for adjustment of

Transporter's existing FERC Gas Tariff as may be found necessary to assure Transporter just

and reasonable rates.

 

4. Unless otherwise required in the Tariff, all notices shall be in writing and shall be deemed

given when sent to Transporter and to Aggregator at the addresses below or to such other

address as either party shall designate or shall be transmitted via facsimile. Aggregator or

Transporter may change such addresses or other information by written notice to the other

without the necessity of amending this Agreement.

 

Transporter:

 

Aggregator: