RATE SCHEDULE T-1
FIRM SERVICE
5. RIGHT OF FIRST REFUSAL (Continued)
5.3 Avoidance of Right of First Refusal
Shipper can extend the term of its Service Agreement at
anytime and not be subject to the right of first refusal
process outlined above if prior to the receipt of notice from
Company to Shipper of the termination of Shipper's Service
Agreement: 1) Shipper agrees to amend the term of its Service
Agreement to a term of five or more years at the Maximum Rate
from the effective date of the amendment, or 2) Shipper and
Company mutually agree to amend the terms of the existing
Service Agreement which shall include an extension of the
term beyond the termination date of the existing Service
Agreement; and 3) the Shipper remains eligible in accordance
with Rate Schedule T-1 and an amended Service Agreement is
executed prior to receipt of such notice. Company will
mutually agree to a contract extension term under this
subsection on a not unduly discriminatory basis. However, a
Service Agreement containing a right of first refusal
applicable to off-system service contracted pursuant to
Section 39 of the General Terms and Conditions of this
Tariff, may not be extended beyond the term of Company's
agreement with a third-party for such off-system service.
5.4 Termination
If a Service Agreement is not continued in accordance with
Subsections 5.1 and 5.3 above, such Service Agreement shall
terminate under the terms of the Service Agreement.
6. HEAT CONTENT
Refer to Section 5 of the General Terms and Conditions.
7. MEASUREMENT BASE
Refer to Section 4 of the General Terms and Conditions.
8. GENERAL TERMS AND CONDITIONS
The General Terms and Conditions are applicable to this Rate
Schedule.
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Issued by: Bambi L. Heckerman, Manager, Regulatory Affairs
Issued on: April 25, 2008 Effective on: May 27, 2008 |