Northern Border Pipeline Company

First Revised Volume No. 1

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Effective Date: 05/27/2008, Docket: RP08-326-000, Status: Effective

Fourth Revised Sheet No. 107 Fourth Revised Sheet No. 107 : Pending

Superseding: Third Revised Sheet No. 107

 

RATE SCHEDULE T-1

FIRM SERVICE

 

 

5. RIGHT OF FIRST REFUSAL (Continued)

 

5.3 Avoidance of Right of First Refusal

 

Shipper can extend the term of its Service Agreement at

anytime and not be subject to the right of first refusal

process outlined above if prior to the receipt of notice from

Company to Shipper of the termination of Shipper's Service

Agreement: 1) Shipper agrees to amend the term of its Service

Agreement to a term of five or more years at the Maximum Rate

from the effective date of the amendment, or 2) Shipper and

Company mutually agree to amend the terms of the existing

Service Agreement which shall include an extension of the

term beyond the termination date of the existing Service

Agreement; and 3) the Shipper remains eligible in accordance

with Rate Schedule T-1 and an amended Service Agreement is

executed prior to receipt of such notice. Company will

mutually agree to a contract extension term under this

subsection on a not unduly discriminatory basis. However, a

Service Agreement containing a right of first refusal

applicable to off-system service contracted pursuant to

Section 39 of the General Terms and Conditions of this

Tariff, may not be extended beyond the term of Company's

agreement with a third-party for such off-system service.

 

5.4 Termination

 

If a Service Agreement is not continued in accordance with

Subsections 5.1 and 5.3 above, such Service Agreement shall

terminate under the terms of the Service Agreement.

 

6. HEAT CONTENT

 

Refer to Section 5 of the General Terms and Conditions.

 

7. MEASUREMENT BASE

 

Refer to Section 4 of the General Terms and Conditions.

 

8. GENERAL TERMS AND CONDITIONS

 

The General Terms and Conditions are applicable to this Rate

Schedule.