Gulfstream Natural Gas System, L.L.C.
Original Volume No. 1
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Effective Date: 05/24/2010, Docket: RP10-630-000, Status: Effective
Fourth Revised Sheet No. 302 Fourth Revised Sheet No. 302
Superseding: Third Revised Sheet No. 302
FORM OF SERVICE AGREEMENT
For use under Transporter's Rate Schedule FTS
(CONTINUED)
Applicable quantities shall be reduced for scheduling purposes,
but not for billing purposes, by the Contract Quantities that
Shipper has released through Transporter's capacity release
program for the period of any release.
4. TERM:
This Agreement shall be effective on ________________. Service
under this Agreement shall commence on ___________ [this blank may
include a date certain, a date either earlier or later than a
specified date certain based on the completion of construction of
facilities necessary to provide service under the Agreement, or a
commencement date as defined in a precedent agreement between
Shipper and Transporter] and shall continue until 9:00 a.m. CCT on
___________ ("Primary Term") and from ______________ to
______________ thereafter (not less than year to year for the
secondary term for Agreements with a primary term of more than 1
year) until terminated by Transporter or Shipper upon at least
_______(not less than 2 years for agreements with a primary term
of 2 years or more and not less than 1 year for agreements with a
primary term of more than 1 year but less than 2 years) prior
written notice (if Transporter and Shipper agree on a fixed term,
the evergreen and notice of termination language shall be deleted)
subject to the right of first refusal set forth in the tariff, if
applicable, provided however, this Agreement shall terminate
immediately and, subject to the receipt of necessary
authorizations if any, Transporter may discontinue service
hereunder if (a) Shipper, in Transporter's reasonable judgment
fails to demonstrate creditworthiness, and (b) Shipper fails to
provide adequate Security in accordance with Section 28 of the
General Terms and Conditions, or (c) Shipper fails to restore
imbalances from services rendered.
[For a Service Agreement entered into after June 1, 2005, with a
primary term of 23 years or longer, add the following language,
and for a Service Agreement in effect prior to May 2, 2005, with a
primary term of more than one year, add the following language if
Shipper notifies Transporter in writing of its desire to add such
language within six months of the Commission approving such
language without condition.] Notwithstanding any other provision
in this Agreement, after the effective date of this Agreement, if
as a result of an event of Force Majeure, Transporter is not able
to deliver Shipper's scheduled quantities for a period of one
hundred eighty-five (185) consecutive days during any three
hundred sixty-five (365) consecutive day period and at the minimum
delivery pressure specified on Exhibit B of this Agreement, then
Shipper shall have the one-time right to terminate this Agreement
or reduce the MDQ (with an associated reduction in the Primary
Delivery Point MDQs specified on Exhibit B of this Agreement) of
this Agreement upon sixty (60) days prior written notice. Such
right must be exercised, if ever, no later than sixty (60) days
following the end of the applicable Force Majeure event.
5. RATES:
Maximum rates, charges, and fees shall be applicable for the
entitlements and quantities delivered pursuant to this Agreement
unless Transporter has advised Shipper in writing that it has
agreed otherwise. Nothing herein shall obligate Transporter to
provide service at less than the Maximum Recourse Rates, but
Transporter may agree to provide service to Shipper at a
specified discount, in which case such discount shall not be
provided at a rate lower than the variable