North Baja Pipeline, LLC

Original Volume No. 1

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Effective Date: 03/16/2009, Docket: RP09-364-000, Status: Effective

First Revised Sheet No. 253 First Revised Sheet No. 253

Superseding: Original Sheet No. 253

 

FORM OF SERVICE AGREEMENT - INTERRUPTIBLE TRANSPORTATION (Continued)

 

6.1 (Continued)

In the event NBP and Shipper agree on a Negotiated Rate, that rate, and

any provisions governing such Negotiated Rate, shall be set forth in

Exhibit B attached hereto.

 

6.2 Shipper shall compensate NBP each month for compressor station fuel,

line loss and other unaccounted for gas associated with this

transportation service provided herein in accordance with NBP's Rate

Schedule ITS-1, or superseding rate schedule(s), on file with and

subject to the jurisdiction of FERC.

 

6.3 This Agreement in all respects shall be and remains subject to the

applicable provisions of Rate Schedule ITS-1, or superseding rate

schedule(s) and to the applicable General Terms and Conditions of Service

of NBP's FERC Gas Tariff on file with the FERC, all of which are by this

reference made a part hereof.

 

6.4 NBP shall have the unilateral right from time to time to propose and

file with FERC such changes in the rates and charges applicable to

transportation services pursuant to this Agreement, the rate schedule(s)

under which this service is hereunder provided, or any provisions of

NBP's General Terms and Conditions of Service applicable to such

services. Shipper shall have the right to protest any such changes

proposed by NBP and to exercise any other rights that Shipper may have

with respect thereto. Notwithstanding the foregoing, NBP and Shipper

agree not to initiate any proceeding before the FERC with respect to an

increase or decrease in any negotiated rate set forth in Exhibit B

hereto during the primary term.

 

VII

Miscellaneous

 

7.1 This Agreement shall be interpreted according to the laws of the State of

California.

 

7.2 Shipper warrants that upstream and downstream transportation arrangements

are in place, or will be in place as of the requested effective date of

service, and that it has advised the upstream and downstream transporters

of the receipt and delivery points under this Agreement and any quantity

limitations for each point as specified on Exhibit A attached hereto.

 

7.3 Shipper agrees to indemnify and hold NBP harmless for refusal to

transport gas hereunder in the event any upstream or downstream

transporter fails to receive or deliver gas as contemplated by this

Agreement.

 

(Continued)