Monroe Gas Storage Company, LLC

Original Volume No. 1

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Effective Date: 04/21/2010, Docket: RP09-447-004, Status: Effective

First Revised Sheet No. 336 First Revised Sheet No. 336

Superseding: Original Sheet No. 336

 

FORM OF SERVICE AGREEMENT FOR

CAPACITY RELEASE UMBRELLA AGREEMENT

UNDER RATE SCHEDULE FSS

(Continued)

 

(b) Customer has the option, at its sole discretion, to elect whether to

include as part of this Agreement: (i) the limitation of liability provision

pursuant to Section 5 below; and (ii) the waiver of jury trial provision pursuant to

Section 8 below. If Customer wishes to include either of such provisions Customer

must indicate such election by checking the appropriate box in Sections 5 or 8 and

placing a duly authorized representative’s initials beside same. Failure to make an

election pursuant to Section 5 or Section 8 shall result in such provision(s) being

excluded within the terms of this Agreement. Customer’s election of either

provision pursuant to Section 5 or Section 8 is not a condition for obtaining

service under this Agreement and Operator’s Tariff and shall not affect any other

provision of this Agreement. All rates, conditions and terms of service provided

for in this Agreement and Operator’s Tariff, as applicable, are available to

Customer regardless of any election made pursuant to Sections 5 and 8 below. In the

event that this Agreement is executed in multiple parts, the original executed by

Customer shall control what service options have been elected.

 

Upon the finalization of an Addendum, subject to the terms, conditions and

limitations hereof and of Operator’s Rate Schedule FSS, Operator agrees to provide

the released service for Replacement Customer under the applicable rate schedule,

provided however, the Replacement Customer qualified under the financial evaluation

and credit appraisal requirements set forth in Section 2 of Operator’s General Terms

and Conditions at the time it submitted the bid Operator accepted with respect to

such release.

 

Replacement Customer hereby agrees to promptly provide any information

necessary for Operator to reevaluate Operator’s credit appraisal as contemplated by

Section 2 of Operator’s General Terms and Conditions and to advise Operator of any

material change in the information previously provided by the Replacement Customer

to Operator.

 

Section 2. Term. This Agreement shall become effective on _________________

and shall remain in force and effect until ________________ and thereafter, unless

this Umbrella Service Agreement is terminated as hereinafter provided. If Operator

determines at any time that Replacement Customer fails to meet the financial

standards or credit criteria of Section 2 of the General Terms and Conditions,

Operator may terminate this Agreement and all Addenda attached hereto prospectively

in accordance with Section 2 the General Terms and Conditions.