Iroquois Gas Transmission System, L.P.
FIRST REVISED VOLUME NO. 1
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Effective Date: 01/21/2008, Docket: RP08- 41-001, Status: Effective
Original Sheet No. 110A Original Sheet No. 110A : Pending
Shippers who select the Second Extension Option
shall be provided a unilateral option to extend the Contract for
all or any portion of the Maximum Equivalent Quantity specified
on Schedule 2 of the Contract for, at minimum, an additional
five (5) year period beyond the Initial Contract Extension
without a requirement to match competing bids in a Right of
First Refusal (“ROFR”) matching process. Unless otherwise
agreed in writing by Transporter and Shipper, all other terms
and conditions of the Contract shall remain the same and continue
in full force and effect during the Second Extension. Shipper
can exercise or decline to exercise the Second Extension Option
by notifying Transporter in writing of such election no later
than two (2) years prior to the termination of the Initial
Contract Extension (“Second Extension Notice Date”). Unless
Transporter and Shipper agree in writing to an alternate
notification date, in the event that Shipper fails to notify
Transporter by the Second Extension Notice Date of its election
under the unilateral Second Extension Option, then the Contract
shall extend automatically for an additional five (5) year
period for the entire Maximum Equivalent Quantity, under the
same terms and conditions as the Initial Contract Extension.
By selecting this unilateral right to enter into the
Second Extension, Shipper acknowledges that it has been advised
by Transporter of its ROFR under the Contract and the date for
submitting its Notice of Election, and Shipper elects not to
exercise its ROFR upon termination of the Contract. As such, if
Shipper elects not to further extend the Contract under the
Second Extension Option, Shipper shall forgo its ROFR and
Transporter shall have pregranted abandonment authority pursuant
to Section 29.5 of the Tariff, and shall have no further
obligation to render service under the Contract upon termination
of the Initial Contract Extension. In the event that Shipper
elects to enter into the Second Extension at a reduced Maximum
Equivalent Quantity, Transporter shall have pregranted
abandonment authority pursuant to Section 29.5 to abandon the
portion of the service under the Contract so reduced. At the
end of the Second Extension, the provisions of this
Section 29.5(b) shall no longer be applicable to the Contract,
and all quantities retained in the Second Extension shall be
subject to the terms of Section 29.5(a) and 29.6.