Southern Natural Gas Company
Seventh Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 08/01/2008, Docket: RP01-205-017, Status: Effective
Third Revised Sheet No. 293 Third Revised Sheet No. 293
Superseding: Second Revised Sheet No. 293
FORM OF FIRM TRANSPORTATION
SERVICE AGREEMENT
(Continued)
ARTICLE IV
TERM
4.1 Subject to the provisions hereof, this Agreement shall become effective as of
______________________ and shall be in full force and effect for the primary
term(s) set forth on Exhibit B hereto, if applicable, and shall continue and remain
in force and effect for successive evergreen terms specified on Exhibit B hereto
unless canceled by either party giving the required amount of written notice specified
on Exhibit B to the other party prior to the end of the primary term(s) or any
extension thereof. The primary term of the Agreement may be calculated from the date
service commences hereunder rather than the effective date as provided above, if
construction of facilities is necessary.
4.2 In the event SHIPPER has not contracted for firm Transportation Demand under this
Agreement directly with COMPANY, as set forth on Exhibit B hereto, then the term of
this Agreement shall be effective as of the date first hereinabove written and shall
remain in full force and effect for a primary term through the end of the month and
month to month thereafter unless canceled by either party giving at least five (5) days
written notice to the other party prior to the end of the primary term or any
extension thereof, provided however, this agreement will automatically terminate if
no nominations are requested during a period of 12 consecutive months. It is
provided, however that this Agreement shall not terminate prior to the expiration
of the effective date of any Capacity Release Transaction.
ARTICLE V
CONDITIONS PRECEDENT
5.1 Unless otherwise agreed to by the parties, the terms of Rate Schedule FT and/or FT-NN,
as applicable, and the General Terms and Conditions thereto, shall apply to the acquisition
or construction of any facilities necessary to effectuate this Agreement. Other provisions
of this Agreement notwithstanding, Company shall be under no obligation to construct the
facilities or commence service hereunder unless and until (1) Company has received and
accepted the necessary regulatory approvals and permits to construct the facilities in a form
and substance satisfactory to Company; (2) all facilities, of whatever nature, as are required
to permit the receipt, measurement, transportation, and delivery of natural gas hereunder have
been authorized, installed, and are in operating condition; (3) (If Applicable) Company has
obtained the approval of the appropriate management or management committee and/or board of
directors of Company and/or its parent company to spend the capital necessary to construct the
additional facilities; and (4) SHIPPER completes the construction and places into operation,
using diligent efforts, its upstream or downstream production or end use facilities required
to receive or deliver gas hereunder. (If applicable)In the event construction of facilities
by COMPANY is necessary to provide service under the Agreement, Company agrees to use its
reasonable efforts to meet an in-service date of _________________.
[If applicable] The parties agree that there are no outstanding conditions precedent to be met
or facilities remaining to be built under the Original Agreements. This Agreement is intended
to provide for the continuation without interruption of services provided under the Original
Agreements and shall not be deemed to modify any rights and obligations arising under the
Original Agreements prior to the effective date of this Agreement.
ARTICLE VI
REMUNERATION
6.1 Shipper shall pay Company monthly for the transportation services rendered hereunder
the charges specified in Rate Schedule FT, Rate Schedule FT-NN, and under each effective
Capacity Release Transaction, as applicable, including any penalty