Maritimes & Northeast Pipeline, L.L.C.

First Revised Volume No. 1

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Effective Date: 01/17/2010, Docket: RP10-244-000, Status: Effective

Second Revised Sheet No. 9G Second Revised Sheet No. 9G

Superseding: First Revised Sheet No. 9G

 

STATEMENT OF NEGOTIATED RATES

 

by the end of the sixty (60) day period, each Party shall cause one or

more of its senior officers to negotiate in good faith for an additional

ten (10) days in an effort to mutually agree upon a new negotiated or

discounted rate agreement that will govern the rate for service under the

Service Agreement during the remaining term of this Agreement or any other

mutually agreeable period of time and that will maintain the relative

economic positions of the Parties as reflected in this Agreement at the

time of execution. In the event that such senior officers are unable,

notwithstanding their respective good faith efforts, to reach such an

agreement by the end of such ten (10) day period, each Party shall have

the right to submit this dispute to arbitration in accordance with the

provisions of Paragraph 21 of the Precedent Agreement and the arbitration

panel shall determine the new negotiated or discounted rate that will

govern the service under the Service Agreement during the remaining term

of this Agreement or any other mutually agreeable period of time and that

will maintain the relative economic positions of the Parties as reflected

in this Agreement at the time of execution. Any rate determined by an

arbitration panel shall not become effective for service under the Service

Agreement until FERC has approved such rate or has accepted such rate for

filing. A Party's right to submit a dispute under this footnote 10 to

arbitration must be exercised, if ever, within thirty (30) days following

the end of the period of negotiation between each Party's senior officers.

The applicable rate for service provided during any period during which

the Negotiated Rates set forth in this Agreement are not in effect shall

be the maximum recourse rates, Fuel Retainage Percentage and all other

applicable charges and surcharges set forth in the Tariff, as modified

from time to time.

 

11/Interpretation: All transportation rates and other dollar amounts set

forth in this Agreement are stated in United States dollars.

 

12/Firm Delivery Points are the Tennessee Interconnect at Dracut,

Massachusetts, and the Algonquin Interconnect at Beverly, Massachusetts.

 

13/Firm Receipt Point is the Maritimes/Brunswick Pipeline Interconnect at

Washington County, Maine.

 

14/This is a non-conforming agreement.