Texas Gas Transmission, LLC

Third Revised Volume No. 1

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Effective Date: 01/11/2010, Docket: RP10-233-000, Status: Pending

Original Sheet No. 5408 Original Sheet No. 5408

 

[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 IT

Agreement No. __________

Dated: ________________

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

 

[Date]

[Contact Name]

[CustomerName]

[Address]

Re: Discounted Rates Letter Agreement to

IT Service Agreement No. _____ between

TEXAS GAS TRANSMISSION, LLC and

[CUSTOMERNAME]

dated ___________

Dear __________:

 

This Discounted Rates Letter Agreement ("Agreement") specifies additional terms and

conditions applicable to the referenced service agreement ("Contract") between Texas Gas

Transmission, LLC ("Texas Gas") and [CustomerName] ("Customer"). This Agreement is subject to all

applicable Federal Energy Regulatory Commission ("FERC") regulations. In the event the language

of this Agreement conflicts with the Contract, the language of this Agreement will control. In

the event the language of this Agreement conflicts with Texas Gas' FERC Gas Tariff currently in

effect or any superseding tariff ("Tariff"), the language of the Tariff will control.

 

1. Texas Gas shall provide service under the Agreement from Receipt Point(s) to the

Delivery Point(s) listed in the attached Exhibit A. The rates charged for this service also shall

be set forth in Exhibit A. In addition to the rate(s) set forth in Exhibit A, Texas Gas shall

charge and Customer shall pay all other applicable charges Texas Gas is authorized to charge

pursuant to its Tariff.

 

[If a specific requirement as set forth in the Tariff is the basis of the discount, then it will

be inserted here, including the basis of any calculations contemplated by the Tariff.]

 

2. The rates in Exhibit A are applicable only for transportation service utilizing the

Point(s) specifically listed on Exhibit A. If Customer utilizes any other receipt or delivery

point, then the applicable maximum rate(s), including all other applicable charges Texas Gas is

authorized to charge pursuant to its Tariff, shall apply unless the parties amend Exhibit A in

writing, pursuant to the requirements of the Tariff and prior to nomination, to include such

transportation service.

 

3. This Agreement will be effective ______________ [insert commencement date] 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.