Florida Gas Transmission Company, LLC

Fourth Revised Volume No. 1

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Effective Date: 09/01/2006, Docket: RP06-463-000, Status: Effective

Original Sheet No. 542 Original Sheet No. 542 : Effective

 

FORM OF SERVICE AGREEMENT

Applicable to Agreements Executed After April 1, 2002

Firm Transportation Service - Market Area (continued)

FTS-2

 

or Natural Gas Policy Act permitting Transporter to construct, own and

 

operate the Facilities and to effectuate the proposed service hereunder.

 

All such authorizations shall be in form and substance satisfactory to

 

Transporter, and shall be final before the respective governmental

 

authority and no longer subject to appeal or rehearing; provided, however,

 

that Transporter may waive the condition that such authority be final and/or

 

no longer subject to appeal or rehearing.

 

(ii) Shipper shall have the right to terminate this Agreement in the event that

 

it determines, in good faith, that a condition in the FERC authorization

 

materially adversely affects its business and operations. If Shipper elects

 

to terminate under this provision, it will notify Transporter in writing

 

within fifteen (15) days of the issuance of such authorization.

 

(b) This agreement is subject to approval of the board of directors of Transporter and

 

receipt and acceptance by Transporter of all other approvals required to construct

 

the Facilities, including all necessary authorizations from federal, state, local,

 

and/or municipal agencies or other governmental authorities. All such

 

approvals shall be in form and substance satisfactory to Transporter, and shall be

 

final before the respective governmental authority and no longer subject to appeal

 

or rehearing; provided, however, that Transporter may waive the condition that

 

such authority be final and/or no longer subject to appeal or rehearing.

 

(c) The receipt of executed firm transportation service agreements sufficient to

 

economically justify construction of the Facilities, if required, in Transporter's

 

sole opinion.