Kinder Morgan Interstate Gas Transmission LLC

Fourth Revised Volume No. 1-A

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Effective Date: 10/19/2009, Docket: RP09-1050-000, Status: Effective

Second Revised Sheet No. 148S Second Revised Sheet No. 148S

Superseding: First Revised Sheet No. 148S

 

[FOR RATE SCHEDULE PALS]

Contract No.

 

KINDER MORGAN INTERSTATE GAS TRANSMISSION LLC (TRANSPORTER)

PARK AND LOAN SERVICE AGREEMENT DATED

UNDER SUBPART OF PART 284 OF THE FERC'S REGULATIONS

(CON'T)

 

 

10. RATES:

 

(i) Except as otherwise provided below or in any written agreement(s) between the

parties in effect during the term hereof, or pursuant to Shipper's election to nominate

service consistent with the terms of the applicable service discount rate offers posted

by Transporter on its Interactive Website from time-to-time, Shipper shall pay

Transporter the applicable maximum rate(s) and all other lawful charges as specified in

Transporter's applicable rate schedule. Shipper and Transporter may agree that Shipper

shall pay a rate other than the applicable maximum rate so long as such rate is between

the applicable maximum and minimum rates specified for such service in the Tariff.

Transporter and Shipper may agree that a specific discounted rate will apply only to

certain volumes under the agreement. The parties may agree that a specified discounted

rate will apply only to specified volumes (MDQ, MAQ or commodity volumes) under the

agreement; that a specified discounted rate will apply only if specified volumes are

achieved or the volumes do not exceed a specified level; that a specified discounted rate

will apply only during specified periods of the year or for a specifically defined

period; that a specified discounted rate will apply only to specified points, zones or

other defined geographical area(s); and/or that a specified discounted rate(s) will apply

in a specified relationship to the volumes actually tendered. If the parties agree upon

a rate other than the applicable maximum rate, such written Agreement(s) shall specify

that the parties mutually agree either: (1) that the agreed rate is a discount rate; or

(2) that the agreed rate is a Negotiated Rate (or Negotiated Rate Formula). In the event

that the parties agree upon a Negotiated Rate or Negotiated Rate Formula, this Agreement

shall be subject to Section 36 of the General Terms and Conditions of Transporter's

Tariff.

 

(ii) Shipper and Transporter may agree to early termination of this Agreement subject

to Shipper paying to Transporter a mutually agreed upon exit fee set forth in the PALS

RO.

 

11. The above-stated Rate Schedule, as revised from time to time, controls this Agreement and

is incorporated herein. The attached is a part of this Agreement. THIS AGREEMENT SHALL

BE CONSTRUED AND GOVERNED BY THE LAWS OF COLORADO, AND NO STATE LAW SHALL APPLY TO REACH

A DIFFERENT RESULT. This Agreement states the entire agreement between the parties and

no waiver, representation or agreement shall affect this Agreement unless it is in

writing.

 

 

Agreed to by:

 

 

Transporter Shipper

 

BY: BY:

 

NAME: NAME:

 

TITLE: TITLE: