Gulfstream Natural Gas System, L.L.C.

Original Volume No. 1

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Effective Date: 06/28/2010, Docket: RP10-792-000, Status: Effective

Second Revised Sheet No. 8.02o Second Revised Sheet No. 8.02o

Superseding: First Revised Sheet No. 8.02o

 

If, at any time after the date service commences under the Agreement and thereafter during the term of the negotiated rates set forth above,

Transporter is collecting its effective maximum Recourse Rates subject to refund under Section 4 of the Natural Gas Act as amended, Transporter

shall have no refund obligation to Shipper even if the final maximum recourse rates are reduced to a level below the negotiated rates provided

herein. Shipper's right to receive credits relating to Transporter's penalty revenue or other similar revenue, if any, applicable to

transportation service on Transporter's system shall be governed by Transporter's Tariff and any applicable FERC orders and/or regulations.

 

Shipper acknowledges and agrees that all terms and conditions of Transporter's Tariff, as effective from time to time, including provisions for

filing of changes in Transporter's Tariff, are applicable to the Service Agreement. In the event of a conflict between this negotiated rate

agreement and Transporter's Tariff, Transporter's Tariff shall control.

 

8/ Effect of Other Rates: In the event that Transporter files a Statement of Negotiated Rates to implement a negotiated rate and/or a negotiated

rate agreement with the FERC for acceptance or approval (and such acceptance and/or approval is received and such rate is implemented by

Transporter) or Transporter posts on its electric bulletin board (or other internet-based electronic communication medium) a discount from its

maximum recourse rates then in effect for Equivalent Service (as defined below) which is less than the rates applicable to the Agreement, then

in such event Shipper shall be entitled to such lesser rate only for the time period in which such lesser rate is or will be applicable for

such other Equivalent Service. For the purpose of this negotiated rate agreement only, Equivalent Service shall mean service under a firm,

forward-haul transportation service agreement into the State of Florida, or a new rate agreed to for an existing service agreement, from

point(s) of receipt into Transporter's facilities in the Mobile, Alabama and/or Pascagoula, Mississippi areas entered into after the date of

this Agreement under Transporter's Rate Schedule FTS which has a Maximum Hourly Flow Rate ("MHFR") equal to or greater than the MHFR applicable

to the Agreement, and has a primary term equal to or shorter than the primary term of the Agreement; provided, however, in no event shall the

rates applicable to service under Transporter's Contract No. 9000828R2, or any successor service agreement to Transporter's Contract No.

9000828R2, be deemed Equivalent Service for the purpose of this provision. Any service which does not meet all of the requirements of the

immediately preceding sentence shall not be considered Equivalent Service for the purpose of this provision.