National Fuel Gas Supply Corporation

Fourth Revised Volume No. 1

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Effective Date: 10/25/2009, Docket: RP09-1072-000, Status: Effective

Fourth Revised Sheet No. 820 Fourth Revised Sheet No. 820

Superseding: Third Revised Sheet No. 820

 

FORM OF SERVICE AGREEMENT

(ESS Service)

 

 

ARTICLE III

 

Term of Agreement

 

 

This Agreement shall be effective upon the date hereof. Service

hereunder shall commence _____________ and continue in effect for a [primary]

term ending April 1,______ [, and shall continue in effect thereafter unless

and until terminated by either Shipper or Transporter upon (insert number as

determined below) months' advance written notice specifying as the

termination date the expiration of the primary term or any anniversary

thereof].

 

{In general, the bracketed language shall be included in agreements with

a term of one (1) year or longer, except for service agreements for capacity

available only during an Interim Period under Section 26.5 of the General

Terms and Conditions and service agreements for capacity available on a

limited-term basis up to the in-service date of an expansion projects under

Section 36 of the General Terms and Conditions. In general, the notice

period to be inserted shall be six (6) months where the primary term is two

(2) years or less, and twelve (12) months where the primary term is more than

two (2) years. Transporter and Shipper may agree on a not unduly

discriminatory basis to include the bracketed language in shorter-term

agreements or to different notice or evergreen periods.}

 

[For agreements entered into or combined pursuant to Section 37.1 of

the General Terms and Conditions, Article III - Term of Agreement - shall

provide as follows: See Exhibit A.]

 

 

ARTICLE IV

 

Regulatory Approval

 

Performance under this Agreement by Transporter shall be contingent

upon Transporter receiving all necessary regulatory or other governmental

approvals upon terms satisfactory to Transporter. Should Transporter be

denied such approvals to provide the service contemplated herein or construct

and operate any necessary facilities therefor upon the terms and conditions

requested in the application therefor, then Transporter's and Shipper's

obligations hereunder shall terminate.