Southern Natural Gas Company
Seventh Revised Volume No. 1
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Effective Date: 09/22/2004, Docket: RP04-494-000, Status: Effective
Third Revised Sheet No. 362 Third Revised Sheet No. 362 : Effective
Superseding: Second Revised Sheet No. 362
FORM OF SERVICE AGREEMENT
UNDER RATE SCHEDULE CSS
(Continued)
provisions of Rate Schedule CSS or the parties may agree to a Negotiated Rate for such
services in accordance with the provisions of Rate Schedule CSS. Said discounted rates
or negotiated rates shall be set forth on Exhibit C or Exhibit D, respectively, hereto and
shall take precedence over the charges set forth in Rate Schedule CSS during the period in
which they are in effect.
5.2 The rates and charges provided for under Rate Schedule CSS shall be subject to
increase or decrease pursuant to any order issued by the Commission in any
proceeding initiated by Company or applicable to the services performed
hereunder. Shipper agrees that Company shall, without any further agreement by
Shipper have the right to change from time to time, all or any part of Rate
Schedule CSS or the General Terms and Conditions applicable thereto, including
without limitation the right to change the rates and charges in effect hereunder,
pursuant to Section 4(d) of the Natural Gas Act as may be deemed necessary by
Company, in its reasonable judgment, to assure just and reasonable terms of
service and rates under the Natural Gas Act. It is recognized, however, that once a
Capacity Release Transaction has been awarded, Company cannot increase the
Deliverability Charge or Capacity Charge to be paid by Shipper under that Capacity
Release Transaction, unless in its bid the Acquiring Shipper has agreed to pay a
percentage of the maximum tariff rate in effect and the maximum tariff rate increases
during the term of the Capacity Release Transaction. Nothing contained herein shall
prejudice the rights of Shipper to contest at any time the changes made pursuant to
this Section 5.2, including the right to contest the rates or charges for the services
provided under this Agreement, from time to time, in any rate proceedings by Company
under Section 4 of the Natural Gas Act or to file a
complaint under Section 5 of the Natural Gas Act with respect to such rates or
charges.
ARTICLE VI
MISCELLANEOUS
6.1 This Agreement constitutes the entire Agreement between the parties and no
waiver by Company or Shipper of any default of either party under this
Agreement shall operate as a waiver of any subsequent default whether of a like
or different character.
6.2 The laws of the State of ____________ shall govern the validity, construction,
interpretation, and effect of this Agreement, without giving effect to any conflict of
laws doctrine that would apply the laws of another jurisdiction.
6.3 No modification of or supplement to the terms and provisions hereof shall be or
become effective except by execution of a supplementary written agreement
between the parties.