Portland Natural Gas Transmission System
Second Revised Volume No. 1
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Effective Date: 09/01/2006, Docket: RP06-449-000, Status: Effective
Original Sheet No. 561 Original Sheet No. 561 : Effective
B. Subject to Rate Schedule FT-FLEX on the Commencement Date and each Day
thereafter on which Transporter schedules Gas for transportation hereunder,
Shipper shall cause such quantity, up to the Maximum Daily Quantity (MDQ), to
be delivered to Transporter at the Receipt Point(s), and Transporter shall
make such quantity available to or on behalf of Shipper at the Delivery
Point(s) unless Transporter elects not to schedule such service pursuant to
paragraph 2 (d) of Transporter's Rate Schedule FT-FLEX service.
C. Shipper shall be solely responsible for securing faithful performance by
gas supplier(s) and/or any applicable upstream or downstream shippers and
transporters in all matters which may affect Transporter's performance
hereunder, and Transporter shall not be liable hereunder to Shipper as a
result of the failure of gas supplier(s) and/or any applicable upstream or
downstream shippers and transporters to so perform.
ARTICLE II - RESERVATION OF FIRM TRANSPORTATION CAPACITY
A. Subject to the provisions of Rate Schedule FT-FLEX, Shipper hereby reserves
the right to cause Transporter to receive from or for the account of Shipper
at each Receipt Point on any Day such quantities of Gas up to the MDQ for such
Receipt Point as set forth on the currently effective Schedule 1 appended
hereto and Transporter shall make available to or on behalf of Shipper at each
Delivery Point on any Day such quantities of Gas up to the MDQ for such
Delivery Point as set forth on the currently effective Schedule 2 appended
hereto. Schedules 1 and 2 are hereby incorporated as part of this Contract.
B. Subject to the provisions of Rate Schedule FT-FLEX, Transporter shall make
available to Shipper the service reserved under this Article II on the Days
and for the quantities of Gas for which such service has been reserved,
subject to Shipper's compliance with the terms and conditions of this
Contract.
ARTICLE III - RATE
For each Month, Shipper agrees to pay the rates and charges specified in
Article 3 (a)-(b), of Rate Schedule FT-FLEX; provided however, that in the
event that Transporter determines, in its sole discretion or otherwise
pursuant to this Contract, to render service on behalf of Shipper for a
discounted or negotiated reservation and/or usage rate, Transporter shall
notify Shipper in writing of the amount of such discounted or negotiated rate,
the Day(s) on which such rate shall be in effect and the quantities of which
such rate applies. For each DTH of the Maximum Contract Demand to which a
discounted or negotiated reservation and/or usage rate applies, as set forth
in Transporter's notice, Shipper agrees to pay and shall pay the applicable
discounted or negotiated reservation and/or usage rate in lieu of the maximum
reservation and/or usage rate.