Elba Express Company, L.L.C.

Original Volume No. 1

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Effective Date: 03/01/2010, Docket: RP10-342-000, Status: Effective

Original Sheet No. 133 Original Sheet No. 133

 

NOW, THEREFORE, the Parties hereto agree as follows:

 

Article 1

 

TRANSPORTATION QUANTITY

 

1.1 Subject to the terms and provisions of this Agreement, Rate Schedule FTS, and the GT&C,

Shipper agrees to deliver or cause to be delivered to COMPANY at the Primary Receipt Point(s)

described in Exhibit A to this Agreement, and Company agrees to accept at such point(s) for

transportation under this Agreement on a primary firm basis, an aggregate quantity of natural gas per

day up to the total Transportation Demand set forth on Exhibit B hereto as well as all applicable LAUF

and GRO retainage.

 

Company's obligation to accept gas on a primary firm basis at any Primary Receipt Point is limited to

the Primary Receipt Points set out on Exhibit A and to the Maximum Daily Receipt Quantity (MDRQ)

stated for each such Primary Receipt Point. The sum of the MDRQ's for the Primary Receipt Points on

Exhibit A shall not exceed the Transportation Demand.

 

1.2 Subject to the terms and provisions of this Agreement, Rate Schedule FTS and the GT&C, Company

shall deliver a thermally equivalent quantity of gas, less the applicable fuel charge as set forth in

the applicable FTS Rate Sheet, to Shipper at the Primary Delivery Point(s) described in Exhibit B

hereto. Company's obligation to redeliver gas at any Primary Delivery Point on a primary firm basis

is limited to the Primary Delivery Points specified on Exhibit B and to the Maximum Daily Delivery

Quantity (MDDQ) stated for each such Primary Delivery Point. The sum of the MDDQ's for the Primary

Delivery Points on Exhibit B shall equal the Transportation Demand.

 

1.3 If Shipper is the successful bidder on released firm transportation capacity under Section 20

of the GT&C, Company will promptly email to Shipper the terms of the Capacity Release Transaction.

Upon the issuance of the email, subject to the terms, conditions and limitations hereof and of

Company's Rate Schedule FTS, Company agrees to provide the released firm transportation service to

Shipper under Rate Schedule FTS, the GT&C, and this Agreement.

 

Article 2

 

CONDITIONS OF SERVICE

 

2.1 The transportation service hereunder is provided on a firm basis pursuant to, in accordance

with and subject to the provisions of Company's Rate Schedule FTS, and the GT&C, as in effect from

time to time, and which are hereby incorporated by reference. In the event of any conflict between

this Agreement and the terms of the applicable Rate Schedule, the terms of the Rate Schedule shall

govern as to the point of conflict. Any limitation of transportation service hereunder