Northern Natural Gas Company

Fifth Revised Volume No. 1

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Effective Date: 02/21/2009, Docket: RP09-232-001, Status: Effective

Third Revised Sheet No. 448 Third Revised Sheet No. 448

Superseding: Second Revised Sheet No. 448

 

The contract maximum and minimum quantities are set forth on Appendix A.

 

[If applicable] Any contingencies set forth in a precedent agreement executed by Northern

and Shipper shall continue in effect until the earlier of the date set forth in the

precedent agreement or the in-service date of the facilities to be constructed to provide

the service hereunder.

 

Shipper has a right of first refusal as described in Section 52 of the General Terms and

Conditions of Northern's FERC Gas Tariff for the capacity herein, subject to any rate

authority applicable at that time.

 

The parties agree that a facsimile or other electronic version of this document, when

properly executed and transmitted, shall be considered for all purposes to be an original

document, and shall be deemed for all purposes to be signed and constitute a binding

agreement. The entire agreement must be faxed or transmitted to Northern. Upon Northern's

acceptance and execution, an executed copy will be returned via FAX to the number

appearing on the faxed offer or such other number as directed or otherwise electronically

transmitted.

 

Any document generated by the parties with respect to this Agreement, including this

Agreement, may be imaged and stored electronically (Imaged Documents). Imaged Documents

may be introduced as evidence in any proceeding as if such were original business records,

and neither party shall contest the admissibility of Imaged Documents as evidence in any

proceeding.

 

This Agreement constitutes the entire agreement between the parties with respect to the

subject matter of this Agreement and shall be binding upon and shall inure to the benefit

of the parties hereto and their respective successors and assigns. No promises, agreements

or warranties additional to this Agreement other than as may be contained in Northern's

FERC Gas Tariff will be deemed to be a part of this Agreement nor will any alteration,

amendment or modification be effective unless confirmed in writing by the parties.

 

Any notice, statement, or bill provided for in this Agreement shall be in writing and

shall be considered as having been given if delivered personally, or if mailed by United

States mail, postage prepaid, or if sent by express mail, overnight delivery, telex,

telecopy or other mutually agreeable means of electronic transmission, to Shipper when

sent to the address set forth on this Agreement and to Northern when sent to the

following:

 

All Notices/Accounting Matters: Payments to Designated Depository:

Northern Natural Gas Company Northern Natural Gas Company

[Information] [Information]

 

 

 

 

This Agreement shall incorporate and in all respects shall be subject to the GENERAL TERMS

AND CONDITIONS and the applicable Rate Schedule(s) set forth in Northern's FERC Gas

Tariff, as may be revised from time to time. Northern may file and seek Commission

approval under Section 4 of the Natural Gas Act (NGA) at any time and from time to time to

change any rates, charges or other provisions set forth in the applicable Rate Schedule(s)

and the GENERAL TERMS AND CONDITIONS in Northern's FERC Gas Tariff, and Northern shall

have the right to place such changes in effect in accordance with the NGA, and this

Deferred Delivery Service Agreement shall be deemed to include such changes and any

changes which become effective by operation of law and Commission Order, without prejudice

to Shipper's right to protest the same. Provided, however, the reservation and capacity

charges shall not be revised, except as provided in the rate paragraph hereof.

 

NORTHERN NATURAL GAS COMPANY [SHIPPER NAME]

 

 

By:_____________________________________ By:______________________________________

 

Title:__________________________________ Title:___________________________________

 

Date:___________________________________ Date:____________________________________