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. 247 Original Sheet No. 247

 

FORM OF SERVICE AGREEMENT FOR

CAPACITY RELEASE UMBRELLA AGREEMENT UNDER

RATE SCHEDULES FSS, NNSS, FP AND FL

(Continued)

 

ARTICLE II

TERM OF AGREEMENT

 

The term of this Capacity Release Umbrella Agreement shall

commence on ________ and shall continue in force and effect

until_______ and ____________to _____________thereafter unless

this Capacity Release Umbrella Agreement is terminated as

hereinafter provided. If TRES PALACIOS determines at any time that

Replacement Customer fails to meet the financial standards or

credit criteria of Section 3 of the General Terms and Conditions,

TRES PALACIOS may terminate this Capacity Release Umbrella

Agreement and all Addenda attached hereto prospectively in

accordance with Section 3 the General Terms and Conditions of TRES

PALACIOS' FERC Gas Tariff.

 

ARTICLE III

RATE SCHEDULES

 

This Capacity Release Umbrella Agreement does not have

separate terms and conditions for particular services, but only

provides a means by which a Replacement Customer may utilize a

service subject to the applicable provisions of the relevant

Storage Service Agreement and the terms and conditions for Rate

Schedules FSS, NNSS, FP and FL, by finalization of a copy of an

Addendum attached hereto and fully incorporated herein as a part

of this Capacity Release Umbrella Agreement.

 

Replacement Customer agrees that TRES PALACIOS shall have

the unilateral right to file with the appropriate regulatory

authority and make changes effective in (a) the rates and charges

applicable to service pursuant to this Capacity Release Umbrella

Agreement (b) the terms and conditions of this Capacity Release

Umbrella Agreement, pursuant to which service hereunder is

rendered or (c) any provision of the General Terms and Conditions

applicable to this Capacity Release Umbrella Agreement. TRES

PALACIOS agrees that the Replacement Customer may protest or

contest the aforementioned filings, and the Replacement Customer

does not waive any rights it may have with respect to such

filings.

 

ARTICLE IV

ADDRESSES

 

Except as herein otherwise provided or as provided in the

General Terms and Conditions of TRES PALACIOS' FERC Gas Tariff,

any notice, request, demand, statement, bill or payment provided

for in this Capacity Release Umbrella Agreement, or any notice

which any Party may desire to give to the other, shall be in

writing and shall be considered as duly delivered when mailed by

registered, certified, or regular mail to the post office address

of the parties hereto, as the case may be, as follows: