Kern River Gas Transmission Company
Second Revised Volume No. 1
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Effective Date: 12/20/2002, Docket: RP03- 82-000, Status: Effective
Second Revised Sheet No. 733 Second Revised Sheet No. 733 : Effective
Superseding: Sub First Revised Sheet No. 733
RATE SCHEDULE MO-1
Kern River Firm Transportation Services
(Continued)
ARTICLE VII - TERM OF AGREEMENT
7.1 Effective Date and Term. The term of service shall be as provided for
in the Transportation Service Agreement between Transporter and Shipper.
7.2 Continuation of Term. Shipper shall have the continuing option to
extend the term of the Transportation Service Agreement for one or more
additional twelve-month periods by providing at least twelve months
written notice prior to the commencement of each such additional period;
provided, however, that no such extended term shall be effective unless
Transporter and Shipper mutually agree, at least six months prior to the
commencement of each such extended term, on the rates or rate mechanism
to be in effect during such extended term. Transporter and Shipper
shall make every reasonable effort to reach agreement on such rates. If
Shipper agrees to pay Transporter's then existing maximum rate for Firm
Service, then such extended term shall be effective in accordance with
Shipper's notice.
If Shipper elects to extend the primary term of its service agreement
for only a portion of its firm contract rights, Shipper's MDQ, aggregate
Maximum Receipt Volume entitlements and aggregate Maximum Delivery
Volume entitlements for the extended term must be retained by the same
percentage.
7.3 Right of First Refusal
(a) At the end of the term determined in accordance with Sections 7.1
and 7.2 above, Shipper may exercise a right of first refusal to
continue service, provided that Shipper is receiving service (1)
at the maximum rate for a term of twelve consecutive months or
longer (or for more than one year for service which is not
available for twelve consecutive months); or (2) at any rate for a
term of one year or longer when such service is provided under a
service agreement executed prior to March 27, 2000.
To exercise such right of first refusal, Shipper must agree to
match the rate or rates, up to the maximum rate or rates then
applicable, and the agreement term which a competing prospective
shipper is willing to irrevocably agree to with Transporter, for
all or any portion of the transportation rights then held by
Shipper. If the highest bid submitted by a competing prospective
Shipper is a Negotiated