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. 272 First Revised Sheet No. 272

Superseding: Original Sheet No. 272

 

FORM OF SERVICE AGREEMENT - PARKING AND LENDING SERVICE (Continued)

 

4.2 Unless otherwise agreed, Shipper shall deliver or cause to be delivered

to NBP the gas to be transported hereunder at pressures sufficient to

deliver such gas into NBP's system at the point(s) of receipt. Unless

otherwise agreed, NBP shall deliver the gas to be transported hereunder

to or for the account of Shipper at the pressures existing in NBP's

system at the point(s) of delivery.

 

V

Operating Procedure

 

5.1 Shipper shall conform to the operating procedures set forth in NBP's

General Terms and Conditions of Service.

 

5.2 NBP shall have the right to interrupt or curtail the receipt or delivery

of gas for the account of Shipper pursuant to NBP's General Terms and

Conditions of Service applicable to Rate Schedule PAL-1.

 

VI

Rate(s), Rate Schedules,

and General Terms and Conditions of Service

 

6.1 Shipper shall pay NBP each month for services rendered pursuant to this

Agreement in accordance with NBP's Rate Schedule PAL-1, or superseding

rate schedule(s), on file with and subject to the jurisdiction of FERC.

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

applicable provisions of Rate Schedule PAL-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.

 

6.3 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

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.

 

(Continued)