W T G Hugoton, LP

Original Volume No. 1

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Effective Date: 08/01/2007, Docket: CP06- 90-002, Status: Effective

Original Sheet No. 271 Original Sheet No. 271 : Effective

 

GENERAL TERMS AND CONDITIONS

 

41.2 To exercise such right of first refusal, Shipper must agree to match the

rate or rates, up to the maximum rate or rates then applicable, and the

agreement term, up to a term of five years, to which a competing prospective

Shipper is willing to agree with WTG Hugoton for all or any portion of the

transportation rights then held by Shipper; provided, however, that nothing

herein shall obligate WTG Hugoton to render service to Shipper or to any

competing prospective Shipper if such persons do not agree to pay WTG

Hugoton's maximum rates then applicable. If the highest bid submitted by a

competing prospective Shipper is a Negotiated Rate that meets or exceeds the

lowest rate WTG Hugoton is willing to accept for such service, the existing

Shipper may retain its capacity by matching the bid on either a Negotiated

Rate basis or a Recourse Rate basis as provided in Section 46 of the General

Terms and Conditions. To exercise its right of first refusal, Shipper must

agree to all other terms and conditions of service to which the competing

prospective Shipper is prepared to agree, or to such other terms and

conditions as may be acceptable to WTG Hugoton.

 

41.3 If a Shipper chooses to exercise a right of first refusal for only a

portion of its capacity, or chooses to extend the primary term of its

agreement pursuant to a contractual rollover or evergreen provision for only a

portion of its capacity, Shipper's MDQ, aggregate receipt volume entitlements

and aggregate delivery volume entitlements all must be retained by the same

percentage.

 

41.4 If an existing Shipper chooses not to match the economic value of the

best bid(s) as determined by WTG Hugoton, capacity will be awarded to the

selected bidder(s), and the existing Shipper's right of first refusal will

expire.