Trunkline LNG Company, LLC

Second Revised Volume No. 1-A

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Effective Date: 08/01/2003, Docket: RP03-535-000, Status: Effective

Original Sheet No. 105 Original Sheet No. 105 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

11. RIGHT OF FIRST REFUSAL (Continued)

 

(E) If TLNG receives no acceptable offers for all or any

portion of the capacity used to provide service under

Shipper's Long-Term Agreement, TLNG shall notify

Shipper of such no later than six (6) months prior to

the expiration of the primary term of the Long-Term

Agreement. In such event, Shipper may continue to

receive service under a new Long-Term Agreement with

any term Shipper chooses, at the applicable maximum

rate or at a rate agreed to by TLNG and Shipper.

Shipper must notify TLNG of its intent and indicate the

term of the new Long-Term Agreement within 15 days of

having been notified by TLNG that no acceptable offer was

received. TLNG will then be obligated to tender the new

Long-Term Agreement to Shipper within 15 days of Shipper's

notification. If Shipper (1) fails to provide TLNG the

term of the requested new Long-Term Agreement within the

required 15 day period, or (2) does not return an executed

Service Agreement reflecting such term to TLNG within 30

days of the date such contract is tendered, then Shipper

shall be deemed to have elected not to continue service

under a Long-Term Agreement pursuant to the provisions of

this Section 11.

 

11.3 TLNG shall not be obligated to tender, execute or extend a

Service Agreement at any rate less than the Maximum Rate.

It shall be within TLNG's sole discretion to tender,

execute or extend a Service Agreement at any rate and

economic value less than the applicable Maximum Rate and

economic value for the service requested.

 

11.4 A party desiring to bid on capacity that is subject to a

right of first refusal must first meet all of the

requirements for a request for service set forth in

Section 2 herein, including submission of the applicable

payment under Section 2.4 herein.