East Tennessee Natural Gas Company

Second Revised Volume No. 1

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Effective Date: 05/01/2000, Docket: RP00-245-000, Status: Effective

Second Revised Sheet No. 253 Second Revised Sheet No. 253 : Superseded

Superseding: First Revised Sheet No. 253

 

 

PRE-ASSIGNMENT AGREEMENT

(Applicable to permanent assignment of

firm transportation rights pursuant to

Section 17 of

Transporter's General Terms and Conditions)

 

 

ARTICLE III - GOVERNING TERMS AND CONDITIONS

 

3.1 This Agreement shall be subject to, shall be governed by, and

shall incorporate the applicable provisions of Transporter's

Tariff, including, without limitation, Section 17 of Transporter's

General Terms and Conditions, and the Governing Rate Schedule.

 

3.2 Transporter expressly reserves all rights granted to it by any

Governing Rate Schedule and the applicable provisions of its

Tariff to file for at the FERC and place into effect unilaterally

such changes as Transporter deems necessary or desirable from time

to time in the rates, charges, terms, and conditions applicable to

service under the Tariff or Governing Rate Schedule, in order to

assure Transporter just and reasonable rates, charges, and terms

and conditions of service. In the event of a conflict between the

provisions of the Governing Rate Schedule and this Agreement and

Transporter's General Terms and Conditions, the provisions of

Transporter's General Terms and Conditions shall govern. In the

event of a conflict between the provisions of this Agreement and

the Governing Rate Schedule, the provisions of the Governing Rate

Schedule shall govern.

 

ARTICLE IV - TERM

 

This Agreement shall become effective on the date first written above

and shall remain in force and effect until the later of (a) the date

that Assignment Bidder returns to Transporter an executed FT-A or FT-GS

Agreement, as applicable, in the form in which it was sent to Assignment

Bidder or (b) thirty days following written notice by either Party of

its intent to terminate this Agreement.

 

ARTICLE V - NOTICES

 

Notice given under this Agreement shall be given in accordance with

Section 17 of Transporter's General Terms and Conditions. Written

notice shall be considered as having been given if delivered personally,

or if sent by confirmed facsimile or by mail with all postage and

charges pre-paid to either Replacement Shipper or Transporter at the

place designated. Routine communications shall be considered as duly

delivered when mailed by ordinary mail. Normal operating instructions

shall be made via PASSKEY unless otherwise indicated in Transporter's

General Terms and Conditions or the Governing Rate Schedule. Unless

changed by written notice to the other party, the addresses of the

Parties are as follows: