Texas Gas Transmission, LLC

Third Revised Volume No. 1

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Effective Date: 12/01/2009, Docket: RP09-548-001, Status: Effective

Substitute First Revised Sheet No. 4700 Substitute First Revised Sheet No. 4700

Superseding: Original Sheet No. 4700

 

[The following may be inserted in the header of each page of this Agreement, as well as any

information related to the identification of the Agreement necessary for administrative purposes:

Rate Schedule [ISS/ ISS-M/ FSS/ FSS-M]

Agreement/Contract No.: __________

Dated: ________________

 

In addition, a footer may be inserted on each page of this Agreement for administrative purposes.]

This Agreement is entered into by and between Texas Gas Transmission, LLC, ("Texas Gas") and

[CustomerName] ("Customer"). [If this Agreement supersedes a previous agreement, the following

may be inserted here: This Agreement supersedes and replaces in its entirety that certain ____

(insert type of agreement) by and between and , dated (Contract/Agreement

No: ).]

 

Services under this Agreement are provided pursuant to Subpart B or Subpart G, Title 18, of the

Code of Federal Regulations. Service is subject to and governed by the applicable Rate Schedule

and the General Terms and Conditions of the Texas Gas FERC Gas Tariff ("Tariff") as they exist or

may be modified from time to time and such are incorporated by reference. In the event the

language of this Agreement conflicts with Texas Gas' then-current Tariff, the language of the

Tariff will control.

 

Injection and Withdrawal Point(s): Injection and Withdrawal information shall be posted on Texas

Gas' internet website.

 

Contract Demand(s): [Insert Contract Demand(s) (including Maximum Daily Injection Quantity,

Maximum Daily Withdrawal Quantity, and Maximum Seasonal Quantity as permitted by Sections 7 and/or

8 of the applicable Rate Schedule). In lieu of inserting here, Contract Demand information may be

inserted on an exhibit.]

 

Term: [For ISS, the following language will be inserted: This Agreement shall be effective

beginning [insert commencement date, which may be drafted to take into consideration the

uncertainties of construction] and shall remain in effect for a term of five years or until

terminated by Texas Gas or Customer upon at least thirty (30) days prior written notice.]

 

[For ISS-M, FSS and FSS-M, the following language will be inserted: This Agreement shall be

effective beginning [insert commencement date, which may be drafted to take into

consideration the uncertainties of construction] and shall continue in full force and effect

_______ [insert "through" or "for a primary term of"] [insert end date of Agreement or

length of primary term].]

 

[For FSS and FSS-M, to the extent a Contractual Right of First Refusal is agreed to, the

following language shall be inserted, as well as any specific terms and conditions related to

the contractual right of first refusal that are permitted by Section 10 of the General Terms and

Conditions of the Tariff: At the end of this Agreement, Customer shall be granted a contractual

right of first refusal to be exercised in accordance with Texas Gas' Tariff.]

 

[For ISS, ISS-M, FSS, and FSS-M, to the extent a bilateral evergreen provision is agreed to, the

parties shall mutually agree upon a notice period, and the following language shall be inserted:

At the end of such primary term, or any subsequent rollover term, this Agreement shall

automatically be extended for an additional term of , unless either party terminates this

Agreement at the end of such primary or rollover term by giving the other party at least

advance written notice prior to the expiration of such primary or rollover term.]

 

[For FSS, a continuous unilateral rollover term, exercisable only by Customer, may be elected by

Customer in place of a bilateral evergreen provision. To the extent such continuous unilateral

rollover term is elected, the following language shall be inserted: At the end of such primary

term, or any subsequent rollover term, this Agreement will rollover for a term of five years at

the applicable maximum rate. Such rollover is automatic unless Customer notifies Texas Gas in

writing at least one year in advance of the expiration of the primary term of this Agreement, or

any subsequent rollover term, that it intends to exercise its right of first refusal or wishes

to negotiate a different extension period.]

 

Rate: [For ISS and FSS, the following language will be inserted: The rate for this Agreement

shall be the maximum applicable rate (including all other applicable charges Texas Gas is

authorized to charge pursuant to its Tariff) unless the parties have entered into an associated

discounted or negotiated rate letter agreement.]