Kinder Morgan Interstate Gas Transmission LLC
Fourth Revised Volume No. 1-B
Contents / Previous / Next / Main Tariff Index
Effective Date: 06/03/2007, Docket: RP07-441-001, Status: Effective
Substitute Second Revised Sheet No. 34 Substitute Second Revised Sheet No. 34 : Effective
Superseding: Sub. First Revised Sheet No. 34
GENERAL TERMS AND CONDITIONS FOR SERVICES - continued
17. REMEDIES
17.1 No provision of these General Terms and Conditions regarding
specific remedies shall bar Transporter from asserting any
other remedy it may have at law or in equity.
17.2 In the event of a bona fide dispute between the Parties with
respect to any invoices, Transporter shall have the right to
discontinue the transportation of gas beginning 30 days after
the issuance of a final nonappealable decision by a court of
competent jurisdiction in favor of Transporter, if Shipper has
failed to remedy or correct such violation within said 30-day
period.
18. SERVICE AGREEMENT/RIGHT OF FIRST REFUSAL PROCESS
Shippers under firm contracts, with a term of 12 consecutive months or
more at maximum rates, or multi-year seasonal maximum rate contracts
for services not offered for a full 12 months, may exercise the Right
of First Refusal. Such agreements are not subject to pregranted
abandonment provided notice is given as described herein. A firm
Shipper may elect to retain a portion of its capacity, subject to the
Right of First Refusal process and have Transporter's pregranted
abandonment authority apply to the remainder of the capacity. A firm
Shipper may not segregate its contract by geographic areas in
exercising the Right of First Refusal. A Shipper paying a discounted
rate or a negotiated rate will not have the Right of First Refusal,
unless otherwise agreed to in writing by Transporter. Transporter and
a Shipper under a firm contract may agree that Shipper shall have the
right to extend the term of its existing contract pursuant to a
negotiated contractual right of first refusal provision, which right
shall be exercised in accordance with Sections 18.2 - 18.6, below.
Transporter is not obligated to offer or agree, nor is Shipper required
to agree, to any such contractual right of first refusal provision,
provided, however, that to the extent Transporter offers or agrees to
any such contractual right of first refusal provision, it must do so on
a nondiscriminatory basis for similarly situated Shippers. A
discounted or negotiated rate contract in effect on March 27, 2000 will
be grandfathered and allowed the tariff Right of First Refusal at
expiration of the contract. However, such grandfathered contract
thereafter must be extended at maximum rates to keep the tariff Right
of First Refusal, unless otherwise agreed to in writing. The process
for exercising the tariff Right of First Refusal is as follows: