Texas Eastern Transmission, L P

Seventh Revised Volume No. 1

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Effective Date: 01/01/2009, Docket: RP09-98-000, Status: Effective

Fifth Revised Sheet No. 960 Fifth Revised Sheet No. 960

Superseding: Fourth Revised Sheet No. 960

 

FORM OF SERVICE AGREEMENT

FOR RATE SCHEDULE FSS-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 FSS-1 and the General Terms and

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

hereof.

 

2. The Maximum Daily Injection Quantity (MDIQ), Maximum Storage Quantity (MSQ), and Maximum

Daily Withdrawal Quantity (MDWQ) for service under this Agreement and any right to increase

or decrease the MDIQ, MSQ, and MDWQ during the term of this Agreement are listed on Exhibit A

attached hereto. Exhibit A is 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 remain in force from year to year thereafter

unless terminated by either party upon _________ prior written notice [at least one (1) year

prior notice for Long-Term Service Agreements, with the exception that, for service

agreements with a Primary Term of exactly one (1) year, the notice must be submitted within

ten (10) Business Days of the beginning of the Primary Term of the Service Agreement, and at

least one (1) year for subsequent notices for such Service Agreement; mutually agreeable for

Short-Term Service Agreements] prior to the end of the Primary Term or any successive term

thereof. 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. In the event there is Gas in storage for Customer's account on April 30 of

the year of termination of this Agreement, this Agreement shall continue in force and effect

for the sole purpose of withdrawal and delivery of said Gas to Customer for an additional

one-hundred and twenty (120) Days.

 

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 3, a notice of partial reduction in MDIQ, MSQ and MDWQ

pursuant to Exhibit A 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.