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.