Horizon Pipeline Company, L.L.C.

Original Volume No. 1

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Effective Date: 10/12/2009, Docket: RP09-856-001, Status: Pending

Substitute Original Sheet No. 300A Substitute Original Sheet No. 300A

 

[FOR RATE SCHEDULES FTS AND ITS]

 

Contract No. ......

 

HORIZON PIPELINE COMPANY, L.L.C. (HORIZON)

TRANSPORTATION RATE SCHEDULE .............

AGREEMENT DATED ..........................

UNDER SUBPART ........ OF PART 284

OF THE FERC'S REGULATIONS (CON'T)

 

 

d. (NEGOTIATED RATE AGREEMENTS ONLY) Refunds. In no event shall Horizon be required

to refund to Shipper any amounts collected for service to which the negotiated

rates apply, notwithstanding any otherwise applicable maximum or minimum rate set

forth in Horizon's FERC Gas Tariff, as may be revised from time to time.

 

e. Notifications. Except as otherwise may be expressly provided herein, any notice or

communication contemplated or required by this Agreement shall be in writing

unless oral notification is expressly authorized herein, and shall be sent to the

appropriate party at the relevant address set forth in this Agreement, as may be

revised from time to time.

 

f. Nonwaiver of Rights. No delay or failure to exercise any right or remedy accruing

to either Horizon or Shipper upon breach or default by the other will impair any

right or remedy or be construed to be a waiver of any such breach or default, nor

will a waiver of any single breach be deemed a waiver of any other breach or

default.

 

g. Succession and Assignment. Any entity which shall succeed by purchase, merger or

consolidation to title to the properties, substantially as an entirety, of Horizon

or Shipper as the case may be, shall be entitled to the rights and shall be

subject to the obligations of its predecessor in title under this Agreement. No

other assignment of this Agreement nor of any of the individual rights or

obligations hereunder by Shipper shall be effective as to Horizon without the

prior express written consent of Horizon.

 

h. No Third Party Beneficiaries. This Agreement shall not create any rights in any

third parties, and no provision of this Agreement shall be construed as creating

any obligations for the benefit of, or rights in favor of, any person or entity

other than Horizon or Shipper.

 

i. Conformance to Law. It is understood that performance hereunder shall be subject

to all valid laws, orders, rules and regulations of duly constituted governmental

authorities having jurisdiction or control of the matters related hereto,

including without limitation the Federal Energy Regulatory Commission.

 

j. Effect of Tariff. This Agreement shall at all times be subject to all applicable

provisions of Horizon's FERC Gas Tariff.

 

k. GOVERNING LAW. THE CONSTRUCTION, INTERPRETATION, AND ENFORCEMENT OF THIS AGREEMENT

SHALL BE GOVERNED BY THE LAWS OF THE STATE OF .........., EXCLUDING ANY CONFLICT

OF LAW RULE WHICH WOULD REFER ANY MATTER TO THE LAWS OF A JURISDICTION OTHER THAN

THE STATE OF ...........

 

l. Entire Agreement. This Agreement contains the entire agreement between Horizon

and Shipper with respect to the subject matter hereof, and supersedes any and all

prior understandings and agreements, whether oral or written, concerning the

subject matter hereof, and any and all such prior understandings and agreements

are hereby deemed to be void and of no effect. No amendments to or modifications

of this Agreement shall be effective unless agreed upon in a written instrument

executed by Horizon and Shipper which expressly refers to this Agreement.