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

Fifth Revised Sheet No. 890C Fifth Revised Sheet No. 890C

Superseding: Fourth Revised Sheet No. 890C

 

FORM OF SERVICE AGREEMENT

FOR RATE SCHEDULE MLS-1

(Continued)

 

If this Agreement qualifies as a "ROFR Agreement" as defined in the General Terms and

Conditions of Pipeline's Tariff, the provision of a termination notice by either Customer or

Pipeline, pursuant to this article 4, a notice of partial reduction in MDQ pursuant to

Exhibit C or the expiration of this Agreement of its own terms triggers Customer's right of

first refusal under Section 3.13 of the General Terms and Conditions of Pipeline's Tariff.

 

5. 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. Notwithstanding the

foregoing, Customer does not agree that Pipeline shall have the unilateral right without the

consent of Customer subsequent to the execution of this Agreement and Pipeline shall not have

the right during the effectiveness of this Agreement to make any filings pursuant to Section

4 of the Natural Gas Act to change the MDQ and/or MHQ, the term of the agreement, the

Point(s) of Receipt, the Point(s) of Delivery, or the firm character of the service

hereunder. 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 such changes in whole or in part.

 

6. Unless otherwise required in the Tariff, all notices shall be in writing and shall be

considered duly delivered when mailed to the applicable address below or transmitted via

facsimile. Customer or Pipeline may change the addresses or other information below by

written notice to the other without the necessity of amending this Agreement:

 

Pipeline:

 

Customer:

 

7. The interpretation and performance of this Agreement shall be in accordance with the laws of

the state of ________________, excluding conflicts of law principles that would require the

application of the laws of a different jurisdiction.

 

8. This Agreement supersedes and cancels, as of the effective date of this Agreement, the

contract(s) between the parties hereto as described below:

 

[None or an appropriate description]

 

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their

respective Officers and/or Representatives thereunto duly authorized to be effective as of the

date stated above.

 

CUSTOMER: ___________________ TEXAS EASTERN TRANSMISSION, LP

 

 

By:____________________________ By:____________________________