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

Original Sheet No. 148B Original Sheet No. 148B

 

GENERAL TERMS AND CONDITIONS (continued)

 

(j) In the event Transporter does not receive any bids pursuant

to Section 15.3(c) or Transporter rejects all bids received

due to the fact that such bids were premised on rate

discount levels or rate discount periods unacceptable to

Transporter, Transporter and Shipper may mutually agree upon

the terms and conditions under which Shipper shall be

entitled to retain its capacity and continue to receive

service. In no event shall Transporter and Shipper agree

upon terms which yield to Transporter a net present value

less than any bid received pursuant to Section 15.3(c) and

rejected by Transporter and in no event shall Transporter be

obligated to sell capacity at less than the maximum lawful

price for such capacity. In the event Transporter and

Shipper have not reached agreement on the terms and

conditions under which service will be extended, at

Shipper's election, such election to be exercised prior to

the date which is three (3) months before the termination

date, Transporter shall tender and Shipper shall execute

within twenty (20) days of receipt, a new Service Agreement

reflecting service for all or part of the contractual

quantity, so long as such Shipper agrees to pay the maximum

rate; provided, however, if Transporter and Shipper mutually

agree to a lower rate which yields to Transporter a net

present value equal to or greater than any bid received

pursuant to Section 15.3(c) and rejected by Transporter, the

Shipper does not have to pay the maximum rate to retain the

capacity.