Elba Express Company, L.L.C.

Original Volume No. 1

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Effective Date: 03/01/2010, Docket: RP10-342-001, Status: Effective

Substitute Original Sheet No. 143 Substitute Original Sheet No. 143

 

FORM OF SERVICE AGREEMENT

UNDER RATE SCHEDULE FTS

(Continued)

 

Service Agreement No. ___________

 

EXHIBIT F

 

Negotiated Rate Agreement

 

This Exhibit F is entered into pursuant to the authorization in Section 27 of the General Terms and Conditions

of COMPANY'S FERC Gas Tariff.

 

The negotiated rate set forth under this Exhibit F shall become effective on __________ and shall remain in

effect through __________________.

 

SHIPPER and COMPANY hereby agree that the right of first refusal in Section 19 of the General Terms and

Conditions of the Tariff ___ [does/does not] apply to the service subject to this Exhibit.

 

SHIPPER agrees to pay a negotiated rate as follows for firm transportation service provided under the terms of

this Service Agreement referenced above and Rate Schedule FTS of COMPANY's Tariff:

__________________________________

_____________________________________________________________________________

_____________________________________________________________________________

 

SHIPPER and COMPANY agree that neither Party shall take any steps during the term of the Service Agreement to

change, adjust or terminate the negotiated rate, except for any such rights to change, adjust or terminate as

specifically provided in this Exhibit F. Except as provided herein, SHIPPER shall have the right to intervene,

protest and fully participate in proceedings involving the recourse rates, Tariff and services of COMPANY.

SHIPPER shall not, directly or indirectly, take a position in a COMPANY proceeding at FERC that any revenue

generated from the negotiated rate hereunder in excess of the recourse rate should be either credited to

COMPANY's existing cost of service or that any cost should be assigned to another shipper. In the event of a

material breach by SHIPPER of the covenants in this paragraph in a FERC proceeding dealing exclusively with

COMPANY, SHIPPER may be responsible for damages for lost revenue up to the lost revenue equal to the difference,

if any, between the revenue generated by the rate under this negotiated rate agreement and the revenue generated

by the revised rate established as a result of the material breach of this paragraph. In the event of a

material breach by COMPANY of the covenants in this paragraph, COMPANY shall refund to SHIPPER such amounts

improperly credited, together with interest thereon at the FERC Refund Rate.

 

[If applicable,] This Exhibit F shall supersede the Exhibit F dated _________________.

 

Accepted and agreed to this ____ day of _________, ____.

 

 

___________________________ ___________________________

SHIPPER Elba Express Company, L.L.C.