Texas Eastern Transmission, L P

Seventh Revised Volume No. 1

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Effective Date: 03/14/2010, Docket: RP10-375-000, Status: Effective

Fourth Revised Sheet No. 857 Fourth Revised Sheet No. 857

Superseding: Third Revised Sheet No. 857

 

FORM OF SERVICE AGREEMENT

FOR RATE SCHEDULE IT-1

 

Date:__________________________, Contract No.__________________

 

SERVICE AGREEMENT

 

This AGREEMENT is entered into by and between Texas Eastern Transmission, LP,("Pipeline") and

_____________________________________ ("Customer").

 

WHEREAS,

 

NOW THEREFORE, in consideration of the premises and of the mutual covenants herein contained,

the parties do agree as follows:

 

1. Pipeline shall deliver and Customer shall take and pay for service pursuant to the terms of

this Agreement and subject to Pipeline's Rate Schedule IT-1 and the General Terms and

Conditions of Pipeline's Tariff, which are incorporated herein by reference and made a part

hereof.

 

2. Maximum Daily Quantity (MDQ) __________ Dth

 

Pipeline shall not be obligated to, but may at its discretion, receive at any Point of

Receipt on any Day a Quantity of Gas in excess of the applicable Maximum Daily Receipt

Obligation (MDRO), plus Applicable Shrinkage, but shall not receive in the aggregate at all

Points of Receipt on any Day a Quantity of Gas in excess of the applicable MDQ, plus

Applicable Shrinkage. Pipeline shall not be obligated to, but may at its discretion, deliver

at any Point of Delivery on any Day a Quantity of Gas in excess of the applicable Maximum

Daily Delivery Obligation (MDDO), but shall not deliver in the aggregate at all Points of

Delivery on any Day a Quantity of Gas in excess of the MDQ.

 

3. This Agreement shall be effective on ___________ and shall continue for a term ending on and

including ___________ ("Primary Term") and shall continue to be effective from ______________

to ______________ thereafter unless and until terminated by Pipeline or Customer upon prior

written notice of at least _______. This Agreement may be terminated at any time by Pipeline

in the event Customer fails to pay part or all of the amount of any bill for service

hereunder and such failure continues for thirty (30) days after payment is due; provided,

Pipeline gives thirty (30) days prior written notice to Customer of such termination and

provided further such termination shall not be effective if, prior to the date of

termination, Customer either pays such outstanding bill or furnishes a good and sufficient

surety bond or other form of security reasonably acceptable to Pipeline guaranteeing payment

to Pipeline of such outstanding bill. Any portions of this Agreement necessary to correct or

cash-out imbalances under this Agreement as required by the General Terms and Conditions of

Pipeline's Tariff shall survive the other parts of this Agreement until such time as such

balancing has been accomplished.

 

4. Maximum rates, charges, and fees shall be applicable to service pursuant to this Agreement

except during the specified term of a discounted rate or a Negotiated Rate to which Customer

and Pipeline have agreed. Provisions governing such discounted rate shall be as specified in

the Discount Confirmation to this Agreement. Provisions governing such Negotiated Rate and

term shall be as specified on an appropriate Statement of Negotiated Rates filed, with the

consent of Customer, as part of Pipeline's Tariff. It is further agreed that Pipeline may

seek authorization from the Commission and/or other appropriate body at any time and from

time to time to change any rates, charges or other provisions in the applicable Rate Schedule

and General Terms and Conditions of Pipeline's Tariff, and Pipeline shall have the right to

place such changes in effect in accordance with the Natural Gas Act. Nothing contained

herein shall be construed to deny Customer any rights it may have under the Natural Gas Act,

including the right to participate fully in rate or other proceedings by intervention or

otherwise to contest increased rates in whole or in part.

 

5. The Point(s) of Receipt and Point(s) of Delivery at which Pipeline shall receive and deliver

Gas shall be specified on Pipeline's Master Receipt Point List (MRPL) and Master Delivery

Point List (MDPL) as such lists are revised and published by Pipeline from time to time.