Oktex Pipeline Company

Original Volume No. 1

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Effective Date: 06/01/1997, Docket: RP97-103-001, Status: Effective

First Revised Sheet No. 48 First Revised Sheet No. 48 : Effective

Superseding: SUPERSEEDING ORIGINAL SHEET NO. 48

 

 

to or on behalf of Shipper at the Deliver point(s) on a firm basis.

 

3. Shipper shall be solely responsible for securing faithful performance by Gas

Supplier(s) in all matters which may affect Transporter's performance hereunder, and Transporter

shall not be liable hereunder to Shipper as a result of the failure of Gas Supplier(s) to so perform.

 

ARTICLE II - RESERVATION OF FIRM TRANSPORTATION CAPACITY

 

1. Shipper hereby reserves the right to cause Transporter to receive from or for the

account of Shipper at each Receipt Point during any month up to the sum of the Maximum Input

Quantities for such Receipt Point as set forth on the effective Schedule 1 appended hereto and to

cause Transporter to make available to or on behalf of Shipper at each Delivery Point during a

month the Equivalent Quantities for each Delivery Point as set forth on the currently effective

Schedule 2 appended hereto.

 

2. Transporter shall make available to Shipper the transportation service reserved under

this Article II on the days and for the quantities of gas for which such service has been reserved,

subject to Shipper's compliance with the terms and conditions of this Contract.

 

ARTICLE III - RATE

 

1. For each Dekatherm of Input Quantity on any day, Shipper agrees to pay and shall pay

the applicable Maximum Unit Commodity Rate specified in Rate Schedule FTS as in effect on the

day the transportation service is rendered; provided however, that in the event that Transporter

determines, in its sole discretion, to render transportation service on behalf of Shipper for a

Discounted Unit Commodity Rate, Transporter shall notify Shipper in writing of the amount of

such Discounted Unit Commodity Rate, the day(s) on which such rate shall be in effect and the

quantities to which such rate applies. For each Dekatherm of Input Quantity on the day(s) on

which a Discounted Unit Commodity Rate is in effect, within the quantity to which such rate

applies, as set forth in Transporter's notice, Shipper agrees to pay and shall pay the applicable

Discounted Unit Commodity Rate in Lieu of the Maximum Unit Commodity Rate.

 

2. For each Dekatherm per day of Maximum Input Quantity at each Receipt Point,

Shipper agrees to pay and shall pay the applicable Maximum Monthly Demand Charge specified in

Rate Schedule FTS as in effect on the day for which transportation capacity has been reserved;

provided however, that in the event that Transporter determines, in its sole discretion, to render

transportation service on behalf of Shipper for a Discounted Monthly Demand Charge,

Transporter shall notify the Shipper in writing of amount of such Discounted Monthly Demand

Charge, the day(s) on which such rate shall be in effect and the quantities to which such rate

applies. For each Dekatherm of the Maximum Input Quantity at each Receipt Point on the day(s)

on which a quantity to which such rate applies, as set forth in Transporter's notice, Shipper agrees

to pay and shall pay the applicable Discounted Monthly Demand Charge in lieu of the Maximum

Monthly Demand Charge.

 

3. Shipper agrees that the Transporter shall have the unilateral right to file with the

FERC and make changes effective in (a) the rates and charges applicable to service pursuant to

Transporter's FTS Rate Schedules or (b) any provision of the General Terms and Conditions

applicable to such rate schedule, subject to the applicable provisions of the Natural Gas Act and

the Commission's regulations thereunder.