National Fuel Gas Supply Corporation

Fourth Revised Volume No. 1

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Effective Date: 04/21/2010, Docket: RP10-504-000, Status: Effective

First Revised Sheet No. 483 First Revised Sheet No. 483

Superseding: Original Sheet No. 483

 

GENERAL TERMS AND CONDITIONS

 

 

37 COMBINATION AND MUTUAL TERMINATION OR REDUCTION OF AGREEMENTS(Cont'd.)

 

construction of new facilities pursuant to Section 26 of

these General Terms and Conditions, and the conditions set

forth in the solicitation have been satisfied;

 

(b) where shipper no longer qualifies for service pursuant to

Section 31.2 of these General Terms and Conditions;

 

(c) where the termination or reduction of the service agreement

is part of a restructuring of services between Transporter

and Shipper, involving the execution of one or more new

service agreements or the extension of one or more other

existing service agreements, which Transporter reasonably

considers financially beneficial to Transporter;

 

(d) where shipper agrees to pay an exit fee that is sufficient,

taking into account the remaining term of the agreement and

the value and liquidity of the capacity subscribed under the

service agreement being terminated or reduced, to make the

termination or reduction financially beneficial to

Transporter, in Transporter's reasonable judgment; provided,

however, that Transporter may waive the exit fee where

Shipper's service agreement provides for a discounted rate

and Transporter concludes that the capacity subscribed

thereunder would be sold at a higher rate for the full

remaining term of such agreement.

 

An agreement to terminate or reduce a service agreement hereunder

shall not constitute a material deviation from the applicable

form of service agreement.