Tres Palacios Gas Storage LLC
Original Volume No. 1
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Effective Date: 08/01/2008, Docket: RP08-424-000, Status: Effective
Original Sheet No. 246 Original Sheet No. 246
FORM OF SERVICE AGREEMENT FOR
CAPACITY RELEASE UMBRELLA AGREEMENT UNDER
RATE SCHEDULES FSS, NNSS, FP AND FL
This Capacity Release Umbrella Agreement, made and entered into
this ___ day of _________, ______by and between___________________
, a _______________ (herein called "Replacement Customer"), and
TRES PALACIOS GAS STORAGE LLC, a Delaware limited liability
company herein called "TRES PALACIOS", (each of TRES PALACIOS and
Customer, a "Party," and collectively, the "Parties").
W I T N E S S E T H:
WHEREAS,
NOW, THEREFORE, for and in consideration of the mutual
covenants and promises herein contained, the Replacement Customer
and TRES PALACIOS hereby agree as follows:
ARTICLE I
SCOPE OF AGREEMENT
Subject to the terms, conditions and limitations hereof, so
long as the financial evaluation and credit appraisal requirements
are met in order for Replacement Customer to be on TRES PALACIOS'
approved bidder list for capacity releases and to execute this
Capacity Release Umbrella Agreement pursuant to Section 4 of the
General Terms and Conditions of TRES PALACIOS' FERC Gas Tariff,
and this Capacity Release Umbrella Agreement is effective,
Replacement Customer may bid from time to time on proposed
capacity releases under Rate Schedules FSS, NNSS, FP and FL
pursuant to the procedure set forth in Section 4 of TRES PALACIOS'
General Terms and Conditions. If at any time a bid submitted by
Replacement Customer is accepted by TRES PALACIOS with respect to
a given capacity release, TRES PALACIOS will promptly finalize the
appropriate Addendum to this Capacity Release Umbrella Agreement,
in the format attached hereto. The parties agree that each
Addendum is an integral part of this Capacity Release Umbrella
Agreement as if executed by the parties hereto and fully copied
and set forth herein at length and is binding on the parties
hereto. Upon finalization of such Addendum, Replacement Customer
and TRES PALACIOS agree that Replacement Customer shall be
considered for all purposes as a Customer with respect to the
released service.
Upon the finalization of an Addendum, subject to the terms,
conditions and limitations hereof and of TRES PALACIOS' Rate
Schedules FSS, NNSS, FP and FL, TRES PALACIOS agrees to provide
the released service for Replacement Customer under the applicable
Rate Schedule, provided however, the Replacement Customer shall
have qualified under the financial evaluation and credit appraisal
requirements set forth in Section 3 of TRES PALACIOS' General
Terms and Conditions at the time it submitted the bid TRES
PALACIOS accepted with respect to such release.
Replacement Customer hereby agrees promptly to provide any
information necessary for TRES PALACIOS to reevaluate TRES
PALACIOS' credit appraisal as contemplated by Section 3 of TRES
PALACIOS' General Terms and Conditions and to advise TRES PALACIOS
of any material change in the information previously provided by
the Replacement Customer to TRES PALACIOS.