Maritimes & Northeast Pipeline, L.L.C.

First Revised Volume No. 1

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Effective Date: 05/01/2010, Docket: RP10-826-000, Status: Effective

Original Sheet No. 9.01b Original Sheet No. 9.01b

 

3/ Effect of Negotiated Rates: Pursuant to the General Terms & Conditions

of Pipeline's Tariff, the Negotiated Rates set forth herein shall

collectively constitute a "negotiated rate." Customer agrees that the

otherwise generally applicable maximum Recourse Rate(s) in effect

pursuant to Pipeline's Tariff shall not apply to or be available to

Customer for service under the Service Agreement during the term of

this Statement (except at any and all times when the Negotiated Rates

are not otherwise applicable to service under the Service Agreement

pursuant to the terms of this Statement), notwithstanding any

adjustments to such generally applicable maximum Recourse Rate(s) which

may become effective during the term of this Statement.

 

4/ No Refund Obligations: If, at any time and from time to time during

the term of this Statement, Pipeline is collecting its effective

maximum recourse rates subject to refund under Section 4 of the NGA,

Pipeline shall have no refund obligation to Customer even if the final

maximum recourse rates are reduced to a level below the Negotiated

Rates set forth herein. Customer's right to receive credits relating

to Pipeline's penalty revenue or other similar revenue, if any,

applicable to transportation service on Pipeline's system shall be

governed by Pipeline's Tariff and any applicable FERC orders and/or

regulations.

 

5/ Pipeline's Tariff: Pipeline and Customer acknowledge and agree that

all terms and conditions of Pipeline's Tariff, as effective from time

to time, including provisions for filing of changes in Pipeline's

Tariff, are applicable to this Statement. In the event of a conflict

between this Statement and Pipeline's Tariff, Pipeline's Tariff shall

control.

 

6/ Pipeline and Customer acknowledge and agree that, notwithstanding any

other provision of the Service Agreement, the Service Agreement is a

ROFR Agreement for all purposes under Pipeline's Tariff.

Notwithstanding any other provision of this Statement, the

acknowledgment and agreement set forth in this Footnote 6 shall be

effective for the term of the Service Agreement with respect to the

effective MDTQ thereunder and shall survive any earlier termination of

this Statement.

 

7/ With the exception of Footnote 6 of this Statement, which constitutes a

material deviation, this Statement and the Service Agreement do not

deviate in any material respect from the applicable form of service

agreement contained in Pipeline's Tariff.