Texas Gas Transmission, LLC

Third Revised Volume No. 1

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Effective Date: 08/09/2010, Docket: RP10-956-000, Status: Effective

First Revised Sheet No. 5402 First Revised Sheet No. 5402

Superseding: Original Sheet No. 5402

 

3. 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].

 

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

JURISDICTION.

 

[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

Gas.

 

Very Truly Yours,

TEXAS GAS TRANSMISSION, LLC

By: _________________________________________

Name: _________________________________________

Title: _________________________________________

Date: _________________________________________

 

 

 

 

ACCEPTED AND AGREED TO this ______day of __________, XXXX.

[CUSTOMERNAME]

 

By:

Name:

Title: