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.