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)