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.