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: