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.