Natural Gas Pipeline Company Of America

Seventh Revised Volume No. 1

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Effective Date: 11/09/2009, Docket: RP09-855-002, Status: Effective

Substitute First Revised Sheet No. 601 Substitute First Revised Sheet No. 601

Superseding: Original Sheet No. 601

 

[FOR RATE SCHEDULES FTS, FFTS, FTS-G, ITS]

Contract No. ......

NATURAL GAS PIPELINE COMPANY OF AMERICA LLC (NATURAL)

TRANSPORTATION RATE SCHEDULE ............

AGREEMENT DATED .........................

UNDER SUBPART ....... OF PART 284

OF THE FERC'S REGULATIONS

(CON'T)

 

c. (DISCOUNTED RATE AGREEMENTS ONLY) Refunds. In no event shall Natural be required to refund to

Shipper any amounts collected for service to which the discounted rate(s) apply, unless the

relevant discounted rate billed to Shipper exceeds the corresponding applicable effective

maximum rates set forth in Natural's FERC Gas Tariff, as approved by the FERC from time to

time.

 

d. (NEGOTIATED RATE AGREEMENTS ONLY) Refunds. In no event shall Natural be required to refund to

Shipper any amounts collected for service to which the negotiated rates apply, notwithstanding

any otherwise applicable maximum or minimum rate set forth in Natural's FERC Gas Tariff, as

may be revised from time to time.

 

e. Notifications. Except as otherwise may be expressly provided herein, any notice or

communication contemplated or required by this Agreement shall be in writing unless oral

notification is expressly authorized herein, and shall be sent to the appropriate party at the

relevant address set forth in the Transportation Agreement, as may be revised from time to

time.

 

f. Nonwaiver of Rights. No delay or failure to exercise any right or remedy accruing to either

Natural or Shipper upon breach or default by the other will impair any right or remedy or be

construed to be a waiver of any such breach or default, not will a waiver of any single breach

be deemed a waiver of any other breach or default.

 

g. Succession and Assignment. Any entity which shall succeed by purchase, merger or consolidation

to title to the properties, substantially as an entirety, of Natural or Shipper as the case

may be, shall be entitled to the rights and shall be subject to the obligations of its

predecessor in title under this Agreement. No other assignment of this Agreement nor of any

of the individual rights or obligations hereunder by Shipper shall be effective as to Natural

without the prior express written consent of Natural.

 

h. No Third Party Beneficiaries. This Agreement shall not create any rights in any third parties,

and no provision of this Agreement shall be construed as creating any obligations for the

benefit of, or rights in favor of, any person or entity other than Natural or Shipper.

 

i. Conformance to Law. It is understood that performance hereunder shall be subject to all valid

laws, orders, rules and regulations of duly constituted governmental authorities having

jurisdiction or control of the matters related hereto, including without limitation the

Federal Energy Regulatory Commission.

 

j. Effect of Tariff. This Agreement shall at all times be subject to all applicable provisions

of Natural's FERC Gas Tariff.

 

k. GOVERNING LAW. THE CONSTRUCTION, INTERPRETATION, AND ENFORCEMENT OF THIS AGREEMENT SHALL BE

GOVERNED BY THE LAWS OF THE STATE OF .........., EXCLUDING ANY CONFLICT OF LAW RULE WHICH

WOULD REFER ANY MATTER TO THE LAWS OF A JURISDICTION OTHER THAN THE STATE OF ...........

 

l. Entire Agreement. This Agreement contains the entire agreement between Natural and Shipper

with respect to the subject matter hereof, and supersedes any and all prior understandings and

agreements, whether oral or written, concerning the subject matter hereof, and any and all

such prior understandings and agreements are hereby deemed to be void and of no effect. No

amendments to or modifications of this Agreement shall be effective unless agreed upon in a

written instrument executed by Natural and Shipper which expressly refers to this Agreement.