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. 312 Original Sheet No. 312
[FOR RATE SCHEDULE IBS]
Contract No. ......
MIDCONTINENT EXPRESS PIPELINE LLC (MEP)
RATE SCHEDULE IBS
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 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 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
Natural 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, not will a waiver of any single breach
be deemed a waiver of any other breach or default.
h. Succession and Assignment. Any entity which shall succeed by purchase, merger or consolidation
to title to the properties, substantially as an entirety, of MEP or Shipper as the case may
be, shall be entitled to the rights and shall be subject to the obligations of its predecessor
in title under this Agreement. No other assignment of this 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.
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.