MidContinent Express Pipeline LLC

Original Volume No. 1

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Effective Date: 04/10/2009, Docket: RP09-136-000, Status: Effective

Original Sheet No. 301 Original Sheet No. 301

 

[FOR RATE SCHEDULES FTS AND ITS]

Contact No. ......

MIDCONTINENT EXPRESS PIPELINE LLC (MEP)

TRANSPORTATION RATE SCHEDULE .............

AGREEMENT DATED ..........................

UNDER SUBPART ........ OF PART 284

OF THE FERC'S REGULATIONS (CON'T)

 

 

c. (DISCOUNTED RATE AGREEMENTS ONLY) Refunds. In no event shall MEP be required to refund to

Shipper any amounts collected for service to which the discounted rate(s) apply, unless the

relevant discounted rate billed to Shipper exceeds the corresponding applicable effective

maximum rates set forth in MEP's FERC Gas Tariff, as approved by the FERC from time to time.

 

d. (NEGOTIATED RATE AGREEMENTS ONLY) Refunds. In no event shall MEP be required to refund to

Shipper any amounts collected for service to which the Negotiated Rates or rates under a

Negotiated Rate Formula apply, notwithstanding any otherwise applicable maximum or minimum

rate set forth in MEP's FERC Gas Tariff, as may be revised from time to time.

 

e. (NEGOTIATED RATE AGREEMENTS ONLY) Shipper and MEP understand and agree that this Agreement

shall be subject to any and all applicable conditions precedent under MEP's FERC Gas Tariff

and the regulations and policies of the FERC, including without limitation any requirements

for MEP to file for and receive FERC approval of the Negotiated Rates.

 

f. Notifications. Except as otherwise may be expressly provided herein, any notice or

communication contemplated or required by this Agreement shall be in writing unless oral

notification is expressly authorized herein, and shall be sent to the appropriate party at the

relevant address set forth in the Transportation Agreement, as may be revised from time to

time.

 

g. Nonwaiver of Rights. No delay or failure to exercise any right or remedy accruing to either

MEP or Shipper upon breach or default by the other will impair any right or remedy or be

construed to be a waiver of any such breach or default, nor will a waiver of any single breach

be deemed a waiver of any other breach or default.

 

h. Succession and Assignment. In the event any entity succeeds by purchase, merger or

consolidation of title to the properties, substantially as an entirety, of Shipper, such

entity shall be entitled to the rights and shall be subject to the obligations of its

predecessor in title under the Agreement. No other assignment of the Agreement nor of any of

the individual rights or obligations hereunder by Shipper shall be effective as to MEP without

the prior express written consent of MEP, provided, however, that the Agreement may be

assigned by Shipper to a wholly or partially owned affiliate, special purpose joint venture,

partnership, or other affiliated entity, including a parent company or partnership, without

prior written consent of MEP. The Agreement may be assigned by MEP to a wholly or partially

owned affiliate, special purpose joint venture, partnership, or other affiliated entity,

including a parent company or partnership, which shall include Kinder Morgan Energy Partners,

LP or any affiliate of Kinder Morgan Energy Partners, LP.

 

i. No Third Party Beneficiaries. This Agreement shall not create any rights in any third

parties, and no provision of this Agreement shall be construed as creating any obligations for

the benefit of, or rights in favor of, any person or entity other than MEP or Shipper.

 

j. Conformance to Law. It is understood that performance hereunder shall be subject to all valid

laws, orders, rules and regulations of duly constituted governmental authorities having

jurisdiction or control of the matters related hereto, including without limitation the

Federal Energy Regulatory Commission.

 

k. Effect of Tariff. This Agreement shall at all times be subject to all applicable provisions

of MEP's FERC Gas Tariff.