Monroe Gas Storage Company, LLC
Original Volume No. 1
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Effective Date: 04/21/2010, Docket: RP09-447-004, Status: Effective
First Revised Sheet No. 301 First Revised Sheet No. 301
Superseding: Original Sheet No. 301
FORM OF SERVICE AGREEMENT
(APPLICABLE TO RATE SCHEDULE FSS)
Customer agrees that Operator shall have the unilateral right to file with
the appropriate regulatory authority to make changes effective in (i) the terms and
conditions of this Service Agreement, pursuant to which service hereunder is
rendered, (ii) any provision of Rate Schedule FSS or (iii) any provision of the
General Terms and Conditions applicable to this Service Agreement. Operator agrees
that the Customer may protest or contest the aforementioned filings, and the
Customer does not waive any rights it may have with respect to such filings.
(b) Customer has the option, at its sole discretion, to elect whether to
include as part of this Agreement: (i) the limitation of liability provision
pursuant to Section 7 below; and (ii) the waiver of jury trial provision pursuant
to Section 10 below. If Customer wishes to include either of such provisions
Customer must indicate such election by checking the appropriate box in Sections 7
or 10 and placing a duly authorized representative’s initials beside same. Failure
to make an election pursuant to Section 7 or Section 10 shall result in such
provision(s) being excluded within the terms of this Agreement. Customer’s
election of either provision pursuant to Section 7 or Section 10 is not a condition
for obtaining service under this Agreement and Operator’s Tariff and shall not
affect any other provision of this Agreement. All rates, conditions and terms of
service provided for in this Agreement and Operator’s Tariff, as applicable, are
available to Customer regardless of any election made pursuant to Sections 7 and 10
below. In the event that this Agreement is executed in multiple parts, the
original executed by Customer shall control what service options have been elected.
Section 2. Receipt and Delivery Points. The point(s) at which the gas is
tendered by Customer to Operator under this contract and the point(s) at which the
gas is tendered by Operator to Customer under this contract shall be at the
point(s) located on Operator’s Facility designated on Exhibit B hereto.
Section 3. Rates. Customer shall pay Operator the charges as described in
Rate Schedule FSS, the General Terms and Conditions of Operator’s Tariff and as
specified in Exhibit A to this Service Agreement, including Fuel Reimbursement.
Customer shall reimburse Operator for Customer’s pro rata portion, based on actual
storage inventory of all customers, of all ad valorem taxes, property taxes, and/or
other similar taxes assessed against and paid by Operator.
Section 4. Term. Service under this Agreement shall commence as of
____________________and shall continue in full force and effect until
____________________ (“Term”). Pre-granted abandonment shall apply upon
termination of this Agreement, subject to any right of first refusal Customer
may have negotiated with Operator.