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)