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. 308 Original Sheet No. 308

 

[FOR RATE SCHEDULE PALS]

Contract No. ......

 

MIDCONTINENT EXPRESS PIPELINE LLC (MEP)

RATE SCHEDULE PALS

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

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

OF THE FERC'S REGULATIONS (CON'T)

 

 

15. Any or all of the following provisions may be included (where applicable) in the PALS Agreement

and/or in any related Negotiated Rate, Negotiated Rate Formula or discount contracts, if any:

 

a. DISCOUNTED RATE AGREEMENTS ONLY) Applicable Maximum and Minimum Tariff Rates.

Notwithstanding any other provision of this Agreement, in no event shall a discounted rate

billed by MEP be less than the applicable minimum rate or more than the applicable maximum

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

 

b. (NEGOTIATED RATE AGREEMENTS ONLY) Applicable Maximum and Minimum Tariff Rates. Unless

otherwise expressly provided in this Agreement, the Negotiated Rates or rates under a

Negotiated Rate Formula shall apply to service provided by MEP to Shipper for the term of

the Agreement notwithstanding any otherwise applicable maximum or minimum rates set forth in

MEP's FERC Gas Tariff as may be revised from time to time.

 

c. 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.

 

d. (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.

 

e. (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.

 

f. (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.

 

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.