Sea Robin Pipeline Company, LLC

Second Revised Volume No. 1

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Effective Date: 12/31/2004, Docket: RP05- 87-000, Status: Effective

Original Sheet No. 373 Original Sheet No. 373 : Effective

 

FORM OF POOLING SERVICE AGREEMENT

(Continued)

 

 

2.5 In the event there is a capacity constraint at a Point of

Delivery, Pooler's nominations at such constrained Point of Delivery

shall be scheduled consistent with other scheduled services according

to the priority of service for the underlying Service Agreements at

said point. Any nomination by a Pooler where a Shipper has

designated its primary Point of Delivery to the Pool shall be

scheduled on a firm basis pro rata with other such Primary Point of

Delivery nominations under an FTS and/or FTS-2 Service Agreement.

 

2.6 Pooler shall exercise due diligence in monitoring the

supplies serving its Pool hereunder and shall use its best efforts to

notify Sea Robin promptly of any known variations in its supplies.

 

2.7 Pooler warrants and represents that by execution of this

Service Agreement hereunder, Pooler has the authority to nominate

deliveries of the gas supplies designated by Pooler into and out of

the Pool. Pooler agrees to indemnify, release and hold Sea Robin

harmless for any claims, costs, damages, expenses (including

attorneys' fees and court costs), demands or causes of action caused

by Sea Robin's allocation of gas to the Pool under this Service

Agreement for which Pooler did not have the authority or title to

nominate.

 

ARTICLE III

CREDITWORTHINESS

 

3.1 If at any time Pooler is or becomes insolvent or fails to

demonstrate creditworthiness, Pooler must provide Sea Robin one of

the following forms of credit to enter into or maintain in effect

this Service Agreement: (a) a security deposit or other good and

sufficient surety, as determined by Sea Robin in its reasonable

discretion, in an amount equal to the current Index Price under

Section 6 of the General Terms and Conditions multiplied by the

average of Pooler's maximum nominated quantity for a three (3) month

period multiplied by five percent (5%); or (b) a guaranty from a

creditworthy party that said creditworthy party will be responsible

for payment of all charges or penalties assessed by Sea Robin but not

paid by Pooler hereunder.