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. 201 First Revised Sheet No. 201
Superseding: Original Sheet No. 201
FORM OF FIRM TRANSPORTATION SERVICE AGREEMENT (continued)
If this Service Agreement qualifies as a "ROFR Agreement" as defined in
the General Terms and Conditions of Transporter's Tariff, the provision of
a termination notice by either Shipper or Transporter, pursuant to this
article 3 or the expiration of this Service Agreement of its own terms
triggers Shipper's right of first refusal under Section 15 of the General
Terms and Conditions of Transporter's Gas Tariff.
[If a contractual right of first refusal is agreed upon by Shipper and
Transporter, the following sentence shall be included in Shipper's Service
Agreement. Upon the notice of termination to be effective at the end of
the Primary Term or any Renewal Term of this Service Agreement, Shipper
shall have a contractual right of first refusal.]
Any portions of this Service Agreement necessary to enable the parties to
balance receipts and deliveries under this Service Agreement as required
by Rate Schedule FTS shall survive the expiration or termination of all
other parts of this Service Agreement until such time as such balancing
has been accomplished.
4.Shipper shall pay Transporter the maximum allowable rate for service
pursuant to this Service Agreement except as provided to the contrary
during the specified term of a discounted rate or a Negotiated Rate to
which Shipper and Transporter have agreed. Transporter may seek
authorization from the FERC and/or other appropriate body to change any
rate(s) and/or term(s) set forth herein or in Rate Schedule FTS. Nothing
herein shall be construed to deny Shipper any rights it may have under the
Natural Gas Act or the Natural Gas Policy Act, including the right to
participate fully in rate proceedings by intervention or otherwise, to
contest increased rates in whole or in part.
5.If Transporter's capacity is reduced for any reason and a reduction of the
quantity of Natural Gas being transported hereunder is required, Shipper's
MDQ shall be reduced pro rata with the MDQs of the other firm Shippers
during the period of such capacity reduction.