Ozark Gas Transmission, L. L. C.

First Revised Volume No. 1

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Effective Date: 11/16/2009, Docket: RP09-1040-000, Status: Effective

First Revised Sheet No. 107 First Revised Sheet No. 107

Superseding: Original Sheet No. 107

 

GENERAL TERMS AND CONDITIONS (continued)

 

"Releasing Shipper" shall mean a Shipper receiving service pursuant to a Service Agreement

under Transporter's Rate Schedule FTS or Rate Schedule FSS who seeks to release firm

capacity in accordance with the Transporter's capacity release program.

 

"Replacement Shipper" shall mean any party which acquires capacity in accordance with

Transporter's capacity release program.

 

"Request for Service" shall mean the information submitted via the LINK® System by a

Shipper that is requesting a new Service Agreement or an amendment to an existing Service

Agreement.

 

"ROFR Agreement" shall mean one of the following:

(1) a firm Service Agreement under one of Transporter's Rate Schedules contracted at

the applicable maximum rate for that service either (a) for service for twelve (12)

consecutive Months or more, or (b) for more than one (1) Year for a service which

is not available for twelve (12) consecutive Months;

(2) a firm Service Agreement which would otherwise qualify as a ROFR Agreement but for

the fact that Shipper has been charged and paid a Negotiated Rate or a discounted

rate during the term of such firm Service Agreement if (a) Shipper was charged and

has paid a rate no less than the effective maximum recourse rate during the twelve

(12) Months immediately prior to the latest applicable date on which Shipper or

Transporter is required to give notice of termination (notice deadline) of the firm

Service Agreement, and (b) Shipper pays a rate no less than the effective maximum

recourse rate from such notice deadline until the termination date of the Service

Agreement; provided, however, in no event shall the aggregate period of time

contemplated by 2(a) and 2(b) extend more than twenty-four Months prior to the

termination date of the Service Agreement; or

(3) a firm Service Agreement under one of Transporter's Rate Schedules which firm

Service Agreement is subject to a Negotiated Rate or a discounted rate that

Transporter agrees, on a not unduly discriminatory basis, shall qualify as a ROFR

Agreement, in which case such Negotiated Rate or discounted rate agreement shall

expressly provide that the firm Service Agreement qualifies as a ROFR Agreement.

 

"Secondary Delivery Point(s)" shall mean, as to a specific Service Agreement under Rate

Schedule FTS, all Point(s) of Delivery on Transporter's system which are not designated as

Primary Delivery Point(s) on such Service Agreement.

 

"Secondary Receipt Point(s)" shall mean, as to a specific Service Agreement under Rate

Schedule FTS, all Point(s) of Receipt on Transporter's system which are not designated as

Primary Receipt Point(s) on such Service Agreement.

 

"Segment" shall mean a portion of the pipeline from a given point to an adjacent point.

 

"Segment Path Right" shall mean the quantity of Natural Gas for which Shipper has firm

contractual entitlements within the Segment.

 

"Service Agreement" shall mean any agreement executed by Transporter and a Shipper for

service under one of the Rate Schedules set forth in this FERC Gas Tariff.

 

"Shipper" shall mean the party receiving service pursuant to an executed Service Agreement

under one or more of the Rate Schedules set forth in this FERC Gas Tariff.

 

"Short-Term Service Agreement" shall mean a Service Agreement with a primary term of less

than one (1) year from the effective date of the Service Agreement.

 

"Transporter" shall mean Ozark Gas Transmission, L.L.C.

 

"Year" shall mean a period of 365 consecutive days, or 366 consecutive days when such

period includes a February 29.