Pine Prairie Energy Center, LLC

Original Volume No. 1

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Effective Date: 09/01/2007, Docket: RP07-563-000, Status: Effective

Original Sheet No. 253 Original Sheet No. 253 : Effective

 

FORM OF SERVICE AGREEMENT FOR

CAPACITY RELEASE UMBRELLA AGREEMENT UNDER

RATE SCHEDULES FSS, FP AND FL

(Continued)

 

ARTICLE II

TERM OF AGREEMENT

 

The term of this Capacity Release Umbrella Agreement shall

commence on ________ and shall continue in force and effect

until_______ and ____________to _____________thereafter unless

this Capacity Release Umbrella Agreement is terminated as

hereinafter provided. If PPEC determines at any time that

Replacement Customer fails to meet the financial standards or

credit criteria of Section 3 of the General Terms and Conditions,

PPEC may terminate this Capacity Release Umbrella Agreement and

all Addenda attached hereto prospectively in accordance with

Section 3 the General Terms and Conditions of PPEC's FERC Gas

Tariff.

 

ARTICLE III

RATE SCHEDULES

 

This Capacity Release Umbrella Agreement does not have

separate terms and conditions for particular services, but only

provides a means by which a Replacement Customer may utilize a

service subject to the applicable provisions of the relevant

Storage Service Agreement and the terms and conditions for Rate

Schedules FSS, FP and FL, by finalization of a copy of an Addendum

attached hereto and fully incorporated herein as a part of this

Capacity Release Umbrella Agreement.

 

Replacement Customer agrees that PPEC shall have the

unilateral right to file with the appropriate regulatory authority

and make changes effective in (a) the rates and charges applicable

to service pursuant to this Capacity Release Umbrella Agreement

(b) the terms and conditions of this Capacity Release Umbrella

Agreement, pursuant to which service hereunder is rendered or (c)

any provision of the General Terms and Conditions applicable to

this Capacity Release Umbrella Agreement. PPEC agrees that the

Replacement Customer may protest or contest the aforementioned

filings, and the Replacement Customer does not waive any rights it

may have with respect to such filings.

 

ARTICLE IV

ADDRESSES

 

Except as herein otherwise provided or as provided in the

General Terms and Conditions of PPEC's FERC Gas Tariff, any

notice, request, demand, statement, bill or payment provided for

in this Capacity Release Umbrella Agreement, or any notice which

any Party may desire to give to the other, shall be in writing and

shall be considered as duly delivered when mailed by registered,

certified, or regular mail to the post office address of the

parties hereto, as the case may be, as follows: