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. 55 First Revised Sheet No. 55 : Effective

Superseding: SUPERSEEDING ORIGINAL SHEET NO. 55

 

 

make the Equivalent Quantity corresponding to the Input Quantity, not to exceed the Maximum

Equivalent Quantity for each Delivery Point, available to or on behalf of Shipper at the Delivery

Point(s).

 

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 - INTERRUPTIBLE TRANSPORTATION CAPACITY

 

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

account of Shipper at each Receipt Point up to the Maximum Input Quantity for such Receipt

Point as set forth on the effective Schedule 1 appended hereto, on any day on which Transporter

has interruptible capacity available to Shipper, and to cause Transporter to make available to or

on behalf of Shipper on an interruptible basis at each Delivery Point on such day the Equivalent

Quantity corresponding to the Input Quantity, not to exceed the Maximum Equivalent Quantity

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 contracted for

under this Article II on the days and for the quantities of gas for which Transporter has

interruptible capacity available to Shipper, 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 ITS 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. Shipper agrees that 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 ITS Rate Schedules or (b) any provisions 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.

 

ARTICLE IV - RATE SCHEDULES AND GENERAL TERMS AND CONDITIONS

 

This Contract and all terms and provisions contained or incorporated herein are subject to

the provisions of Rate Schedule ITS and the General Terms and Conditions of Transporter's

FERC Gas Tariff as such may be revised or superseded from time to time, which Rate Schedule

ITS and General Terms and Conditions are by this reference made a part hereof.

 

ARTICLE V - TERM

 

1. The Commencement Date shall be the latter of [date] or such date on which the

natural gas facilities required to enable Transporter to render transportation service to Shipper

hereunder are constructed, installed and made operational, as shall be set forth in Transporter's

written notice to Shipper.