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

Third Revised Sheet No. 937 Third Revised Sheet No. 937

Superseding: Second Revised Sheet No. 937

 

FORM OF SERVICE AGREEMENT

FOR RATE SCHEDULE MBA

 

Date:__________________________, Contract No.__________________

 

SERVICE AGREEMENT

 

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

_____________________________________ ("MBA Party").

 

WHEREAS,

 

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

the parties do agree as follows:

 

1. Pipeline shall permit the MBA Party to take service pursuant to the terms of this Agreement

and subject to Pipeline's Rate Schedule MBA and the General Terms and Conditions of

Pipeline's Tariff, which are incorporated herein by reference and made a part hereof.

 

2. Pipeline and MBA Party agree, with the consent of the relevant third party(ies), submitted

on-line via the LINK® System, that MBA Party has assumed the primary responsibility to

resolve delivery point imbalances under the transportation and storage contracts between

Pipeline and such third party(ies), as set forth in Exhibit(s) A, as amended from time to

time. Exhibit(s) A are incorporated herein by reference and made a part hereof.

 

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 this Agreement is terminated as hereinafter provided.

This Agreement may be terminated by either Pipeline or MBA Party upon __________ prior

written notice to the other specifying a termination date of any ______________ occurring on

or after the expiration of the Primary Term. This Agreement may be terminated at any time by

Pipeline in the event MBA Party 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 MBA Party of such

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

date of termination, MBA Party 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, Volume No. 1, 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 MBA Party

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 MBA Party, 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 MBA Party 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. 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. MBA Party or Pipeline may change the addresses or other information below by

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

 

Pipeline:

 

MBA Party: