Texas Gas Transmission, LLC
Third Revised Volume No. 1
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Effective Date: 12/01/2009, Docket: RP09-548-000, Status: Suspended
Original Sheet No. 5402 Original Sheet No. 5402
3. This Agreement will be effective ______________ [insert commencement date, which may
be drafted to take into consideration the uncertainties of construction] and will continue in full
force and effect __________ [insert "through" or "for a primary term of"]_______________ [insert
end date of Agreement or length of primary term].
4. All rates and services described in this Agreement are subject to the terms and
conditions of Texas Gas' Tariff. Texas Gas shall have no obligation to make refunds to Customer
unless the maximum rate ultimately established by the FERC for any service described herein is
less than the rate paid by Customer under this Agreement. Texas Gas shall have the unilateral
right to file with the appropriate regulatory authority and make changes effective in the filed
rates, charges, and services in Texas Gas' Tariff, including both the level and design of such
rates, charges and services and the general terms and conditions therein.
5. Except as otherwise provided in the FERC's regulations, this Agreement may not be
assigned without the express written consent of the other party. Any assignment shall be in
accordance with the Tariff and FERC regulations. Such consent shall not be unreasonably withheld.
Any assignment made in contravention of this paragraph shall be void at the option of the other
party. If such consent is given, this Agreement shall be binding upon and inure to the benefit of
the parties and their successors and assigns.
6. In the event any provision of this Agreement is held to be invalid, illegal or
unenforceable by any court, regulatory agency, or tribunal of competent jurisdiction, the
validity, legality, and enforceability of the remaining provisions, terms or conditions shall not
in any way be affected or impaired thereby, and the term, condition, or provision which is held
illegal or invalid shall be deemed modified to conform to such rule of law, but only for the
period of time such order, rule, regulation, or law is in effect.
7. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE COMMONWEALTH
OF KENTUCKY, EXCLUDING ANY PROVISION WHICH WOULD DIRECT THE APPLICATION OF THE LAWS OF ANOTHER
[If this Agreement supersedes a previous agreement, the following may be inserted here:
8. This Agreement supersedes and replaces in its entirety that certain
____________________ [insert type of agreement] by and between _______________ and
____________________, dated ___________________ (Contract/Agreement No: _______________).]
If Customer agrees with the terms and conditions, please so indicate by signing the
duplicate originals in the appropriate spaces provided below and returning the originals to Texas
Very Truly Yours,
TEXAS GAS TRANSMISSION, LLC
ACCEPTED AND AGREED TO this ______day of __________, XXXX.