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: