Kinder Morgan Interstate Gas Transmission LLC

Second Revised Volume No. 1-D

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Effective Date: 12/28/1999, Docket: GT00- 19-000, Status: Effective

Original Sheet No. 26 Original Sheet No. 26 : Effective

 

 

 

GENERAL TERMS AND CONDITIONS FOR SERVICES - continued

 

 

17.2 No provision of these Buffalo Wallow General Terms and Conditions

regarding specific remedies shall bar Transporter from asserting

any other remedy it may have at law or in equity.

 

17.3 In the event of a bona fide dispute between the Parties with

respect to any invoice(s), 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

 

Shippers with a term of one (1) year or more 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. The

process for exercising the Right of First Refusal is as follows:

 

18.1 NOTICE

 

Transporter will provide no more than nine (9) months, and not

less than six (6) months advance written notice of pending

contract expiration to firm Shippers with contact terms of one (1)

year or more. Shippers must give notice to Transporter no less

than four (4) months before the expiration of its firm throughput

contract that it wishes Transporter to post its capacity to begin

the Right of First Refusal process.

 

Failure by the Shipper to give Transporter the notice specified in

this section will result in the automatic abandonment of the

entitlement and the Shipper's right to the subject capacity at the

end of the contract term will cease.