Texas Eastern Transmission, L P

Seventh Revised Volume No. 1

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Effective Date: 11/16/2009, Docket: RP10-53-000, Status: Effective

Second Revised Sheet No. 1012 Second Revised Sheet No. 1012

Superseding: First Revised Sheet No. 1012

 

FORM OF SERVICE AGREEMENT

FOR RATE SCHEDULE FTS-5

(Continued)

 

in the aggregate at all Points of Delivery on any Day a Quantity of Gas in excess of the

applicable MDQ, as specified in the executed service agreement.

 

ARTICLE II

 

TERM OF AGREEMENT

 

This Service Agreement shall become effective on __________ and shall continue in force for a

primary term of ______ years; and from year to year thereafter unless terminated by either party

upon ______ year(s) prior written notice. Subject to Section 22 of Pipeline's General Terms and

Conditions and without prejudice to such rights, this Service 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 guaranteeing

payment to Pipeline of such outstanding bill. Notwithstanding the foregoing, service shall not be

terminated unless and until Pipeline has received abandonment authority pursuant to Section 7 of

the Natural Gas Act. Customer shall have the right to oppose Pipeline's application to the

Federal Energy Regulatory Commission, or any successor agency, for such abandonment authority.

For the 120 Days following termination of this Service Agreement, Pipeline shall utilize its best

efforts to provide Customer with such additional interruptible transportation service, to be

provided pursuant to Rate Schedule IT-1 or successor of Rate Schedule IT-1, as is necessary for

Customer to withdraw and receive delivery of all Gas remaining in storage pursuant to CNG's Rate

Schedule GSS-II.

 

Any portions of this Service Agreement necessary to correct or cash-out imbalances under this

Service Agreement as required by the General Terms and Conditions of Pipeline's FERC Gas Tariff,

Volume No. 1, shall survive the other parts of this Service Agreement until such time as such

balancing has been accomplished.

 

ARTICLE III

 

RATE SCHEDULE

 

This Service Agreement in all respects shall be and remain subject to the applicable

provisions of Rate Schedule FTS-5 and of the General Terms and Conditions of Pipeline's FERC Gas

Tariff on file with the Federal Energy Regulatory Commission, all of which are by this reference

made a part hereof.

 

Customer shall pay Pipeline for, all services rendered hereunder and for the availability of

such service in the period stated, the applicable prices established under Pipeline's Rate

Schedule FTS-5 as filed with the Federal Energy Regulatory Commission and as the same may be

hereafter revised or changed.