Mobile Bay Pipeline Company

Second Revised Volume No. 1

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Effective Date: 06/01/1997, Docket: RP97-155-001, Status: Effective

First Revised Sheet No. 350 First Revised Sheet No. 350 : Effective

Superseding: Superseding Original Sheet No. 350

 

 

1. CONDITIONS OF SERVICE: Services provided hereunder are subject to and

governed by the applicable rate schedule and the General Terms and Conditions of

PIPELINE's current tariff, as may be revised from time to time, or any effective

superseding tariff (Tariff) on file with the Federal Energy Regulatory Commission

(FERC). The Tariff is incorporated herein by reference. In the event of any conflict

between this Agreement and the Tariff, the Tariff shall govern as to the conflict.

PIPELINE shall have the right to interrupt service under this Agreement to the extent

permitted by the Tariff.

 

2. TRANSPORTATION QUANTITY: CUSTOMER may deliver or cause to be

delivered to PIPELINE at the firm Primary Receipt Point(s) and Supplemental receipt

point(s) and PIPELINE agrees to accept, at such point(s) for transportation hereunder,

daily quantities of natural gas up to the Contract MDQ. PIPELINE shall redeliver

Equivalent Quantities, as defined in the Tariff, to CUSTOMER at firm Primary Delivery

Points provided herein, and at Supplemental delivery points as may be determined from

time to time. Should CUSTOMER desire a change in the Contract MDQ, CUSTOMER

shall notify PIPELINE in writing of the amount of the increase or decrease and of the

date CUSTOMER desires the change to become effective. If PIPELINE advises it is not

agreeable to the changed quantities of gas requested in CUSTOMER's notice, the

Contract MDQ shall remain unchanged. The PIPELINE shall review CUSTOMER's

request within thirty (30) days subject to the Tariff. Nothing herein shall require

PIPELINE to install equipment or facilities.

 

3. QUALITY AND PRESSURE: The gas received and delivered hereunder shall be

merchantable and of a quality sufficient to meet the standards in the Tariff. Gas

delivered to PIPELINE shall be at a delivery pressure adequate to enter PIPELINE's

facilities and such pressure shall not exceed the Maximum Allowable Operating

Pressure.

 

4. TERM: This Agreement shall become effective as of 9:00 A.M. on the beginning

Primary Term Date and continue as stated on the face hereof and month to month

thereafter.

 

5. TERMINATION: Subject to Section 15 of the General Terms and Conditions of the

Tariff, either party may cancel this Agreement effective as of the end of the Primary

Term or any succeeding one (1) month period by giving written notice to the other at

least thirty (30) days prior to the date on which cancellation is requested. Termination

of this Agreement shall not relieve PIPELINE and CUSTOMER of the obligation to

correct any volume imbalances hereunder, CUSTOMER to pay money due hereunder to

PIPELINE or for money due hereunder to the other party.

 

6. TRANSPORTATION CHARGES: CUSTOMER shall be obligated to pay PIPELINE

monthly for the service provided under this Agreement. CUSTOMER shall pay

PIPELINE for any transportation of liquid hydrocarbons and liquefiables. CUSTOMER

shall also pay PIPELINE a Fuel and Company Used Gas allowance in-kind, or in cash,

as applicable, pursuant to the Tariff. Such charges are specified in the FTS Rate

Schedule and/or the FTS Rate Sheet of the Tariff. PIPELINE may from time to time

elect in writing to collect a rate lower than that specified in the FTS Rate Schedule of

the Tariff. PIPELINE shall have no obligation to make refunds to CUSTOMER unless

the maximum rate ultimately established by the FERC for the service covered hereby is

less than the rate paid by CUSTOMER.

 

7. PAYMENTS: Payment shall be made in compliance with the Tariff. Payments by

check shall be made to the remittance address indicated on PIPELINE's invoice.

Payment by wire transfer shall be to a bank account designated by PIPELINE.

 

8. WAIVER: No waiver by either party of any one or more defaults by the other in the

performance of any provisions of this Agreement shall operate or be construed as a

waiver of any future default(s), whether of a like or different character.

 

9. APPLICABLE LAW: THE VALIDITY, CONSTRUCTION,

INTERPRETATION AND EFFECT OF THIS AGREEMENT SHALL BE

GOVERNED BY THE LAWS OF THE STATE OF TEXAS, EXCLUDING ANY

LAWS OF THE STATE OF TEXAS APPLYING THE LAWS OF ANOTHER

JURISDICTION.