Kinder Morgan Louisiana Pipeline LLC

Original Volume No. 1

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Effective Date: 03/01/2009, Docket: RP09-257-000, Status: Effective

Original Sheet No. 301 Original Sheet No. 301

 

[FOR RATE SCHEDULES FTS AND ITS]

Contract No. ......

KINDER MORGAN LOUISIANA PIPELINE LLC (KMLP OR PIPELINE)

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

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

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

OF THE FERC'S REGULATIONS (CON'T)

 

 

 

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

or communication contemplated or required by this FTS or ITS 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 KMLP or Pipeline 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 KMLP's

or Pipeline's FERC Gas Tariff, as approved by the FERC from time to time.

 

e. NEGOTIATED RATE AGREEMENTS ONLY) Refunds. In no event shall KMLP or Pipeline 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 KMLP's or

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

 

f. Nonwaiver of Rights. No delay or failure to exercise any right or remedy

accruing to either KMLP or Pipeline 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.

 

g. 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 FTS or ITS Agreement. No other

assignment of the FTS or ITS Agreement nor of any of the individual rights or

obligations hereunder by Shipper shall be effective as to KMLP or Pipeline

without the prior express written consent of KMLP or Pipeline, provided,

however, that the FTS or ITS 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 KMLP or Pipeline. The FTS or ITS Agreement may be assigned by

KMLP or Pipeline 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, L.P. or any

affiliate of Kinder Morgan Energy Partners, L.P.

 

h. No Third Party Beneficiaries. This FTS or ITS Agreement shall not create any

rights in any third parties, and no provision of this FTS or ITS Agreement shall

be construed as creating any obligations for the benefit of, or rights in favor

of, any person or entity other than KMLP or Pipeline or Shipper.

 

i. 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.

 

j. Effect of Tariff. This FTS or ITS Agreement shall at all times be subject to

all applicable provisions of KMLP's or Pipeline's FERC Gas Tariff.