Texas Eastern Transmission, L P
Seventh Revised Volume No. 1
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Effective Date: 12/31/9999, Docket: RP09-1088-000, Status: Accepted
Original Sheet No. 1095 Original Sheet No. 1095
MULTIPLE SHIPPER OPTION AGREEMENT
This Multiple Shipper Option Agreement ("MSOA") is entered into effective as of
, ("Effective Date") by and among Pipeline, [names], individually and
collectively, "Principals" and [name], "Administrator". Each of the Principals and the
Administrator may hereinafter be referred to as a "Party" or collectively, as "the Parties."
WHEREAS, each of the Principals and the Administrator are LINK® System Subscribers in
accordance with the General Terms and Conditions of the Texas Eastern Transmission, LP
("Pipeline") FERC Gas Tariff; and
WHEREAS, each of the Principals desire to appoint Administrator as its agent to enter into
a Service Agreement with Pipeline as though such Administrator were such Principal.
NOW THEREFORE in consideration of the mutual benefits, covenants and agreements herein
contained and other good and valuable consideration (the receipt and sufficiency of which is
hereby acknowledged), the Parties hereto agree as follows:
1. Each of the Principals hereby:
(a) appoints Administrator as its agent from and after the Effective Date to enter into
a single Service Agreement with Pipeline in which the Principals shall be treated
collectively as one Customer for contracting, capacity release, scheduling,
nomination, allocation and billing purposes;
(b) represents and warrants that it has the power and authority to appoint
Administrator as its agent and to cause Administrator to enter into the Service
Agreement on its behalf;
(c) represents and warrants that Pipeline shall be entitled to rely solely on the
Administrator as being the "Customer" for all purposes under the Service Agreement,
including without limitation, the unilateral right to amend, extend or terminate
the Service Agreement, without liability to Pipeline for its reliance thereon;
(d) agrees to indemnify and hold Pipeline harmless from any third party claims
attributable to Pipeline's reliance on Administrator's instruction pursuant to this
MSOA;
(e) represents and warrants that it will meet the "shipper must have title"
requirements as set forth in Section 13 of Pipeline's FERC Gas Tariff for all
service provided to it under the Service Agreement; and
(f) represents, warrants, and agrees that it is jointly and severally liable for the
obligations of all Shippers under the Service Agreement while the Principal is a
party under this MSOA.
2. Administrator hereby:
(a) accepts the appointment as agent and covenants and agrees with each of the
Principals that from and after the Effective Date, it will be bound by the terms
and conditions of the Service Agreement, and will observe and perform the covenants
and agreements of the Service Agreement;
(b) represents and warrants that it has the power and authority to accept the
appointment as agent for the Service Agreement on behalf of each of the Principals;
(c) agrees to indemnify and hold Pipeline harmless from any third party claims
attributable to Pipeline's reliance on Administrator's instruction pursuant to this
MSOA; and
(d) agrees to remain Administrator for so long as the Service Agreement is in effect.