SERVICE PACKAGE 9283
AMENDMENT NO. 0
GAS TRANSPORTATION AGREEMENT
(For Use Under FT-A Rate Schedule)
THIS AGREEMENT is made and entered into as of the 24th day of January,
1995, by and between TENNESSEE GAS PIPELINE COMPANY, a Delaware
Corporation, hereinafter referred to as "Transporter" and CONNECTICUT
NATURAL GAS CORPORATION, a CONNECTICUT Corporation, hereinafter referred to
as "Shipper." Transporter and Shipper shall collectively be referred to
herein as the "Parties."
ARTICLE I
DEFINITIONS
1.1 TRANSPORTATION QUANTITY (TQ) - shall mean the maximum daily quantity
of gas which Transporter agrees to receive and transport on a firm
basis, subject to Article II herein, for the account of Shipper
hereunder on each day during each year during the term hereof, which
shall be 3,000 dekatherms. Any limitations of the quantities to be
received from each Point of Receipt and/or delivered to each Point
of Delivery shall be as specified on Exhibit "A" attached hereto.
1.2 EQUIVALENT QUANTITY - shall be as defined in Article I of the
General Terms and Conditions of Transporter's FERC Gas Tariff.
ARTICLE II
TRANSPORTATION
Transportation Service - Transporter agrees to accept and receive daily on
a firm basis, at the Point(s) of Receipt from Shipper or for Shipper's
account such quantity of gas as Shipper makes available up to the
Transportation Quantity, and to deliver to or for the account of Shipper to
the Point(s) of Delivery an Equivalent Quantity of gas.
ARTICLE III
POINT(S) OF RECEIPT AND DELIVERY
The Primary Point(s) of Receipt and Delivery shall be those points
specified on Exhibit "A" attached hereto.
ARTICLE IV
All facilities are in place to render the service provided for in this
Agreement.
SERVICE PACKAGE 9283
AMENDMENT NO. 0
ARTICLE V
QUALITY SPECIFICATIONS AND STANDARDS FOR MEASUREMENT
For all gas received, transported and delivered hereunder the Parties agree
to the Quality Specifications and Standards for Measurement as specified in
the General Terms and Conditions of Transporter's FERC Gas Tariff Volume
No. 1. To the extent that no new measurement facilities are installed to
provide service hereunder, measurement operations will continue in the
manner in which they have previously been handled. In the event that such
facilities are not operated by Transporter or a downstream pipeline, then
responsibility for operations shall be deemed to be Shipper's.
ARTICLE VI
RATES AND CHARGES FOR GAS TRANSPORTATION
6.1 TRANSPORTATION RATES - Commencing upon the effective date hereof,
the rates, charges, and surcharges to be paid by Shipper to
Transporter for the transportation service provided herein shall be
in accordance with Transporter's Rate Schedule FT-A and the General
Terms and Conditions of Transporter's FERC Gas Tariff.
6.2 INCIDENTAL CHARGES - Shipper agrees to reimburse Transporter for any
filing or similar fees, which have not been previously paid for by
Shipper, which Transporter incurs in rendering service hereunder.
6.3 CHANGES IN RATES AND CHARGES - Shipper agrees that Transporter shall
have the unilateral right to file with the appropriate regulatory
authority and make effective changes in (a) the rates and charges
applicable to service pursuant to Transporter's Rate Schedule FT-A,
(b) the rate schedule(s) pursuant to which service hereunder is
rendered, or (c) any provision of the General Terms and Conditions
applicable to those rate schedules. Transporter agrees that Shipper
may protest or contest the aforementioned filings, or may seek
authorization from duly constituted regulatory authorities for such
adjustment of Transporter's existing FERC Gas Tariff as may be found
necessary to assure Transporter just and reasonable rates.
ARTICLE VII
XXXXXXXX AND PAYMENTS
Transporter shall xxxx and Shipper shall pay all rates and charges in
accordance with Articles V and VI, respectively, of the General Terms and
Conditions of Transporter's FERC Gas Tariff.
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AMENDMENT NO. 0
ARTICLE VIII
GENERAL TERMS AND CONDITIONS
This Agreement shall be subject to the effective provisions of
Transporter's Rate Schedule FT-A and to the General Terms and Conditions
incorporated therein, as the same may be changed or superseded from time to
time in accordance with the rules and regulations of the FERC.
ARTICLE IX
REGULATION
9.1 This Agreement shall be subject to all applicable and lawful
governmental statutes, orders, rules and regulations and is
contingent upon the receipt and continuation of all necessary
regulatory approvals or authorizations upon terms acceptable to
Transporter. This Agreement shall be void and of no force and
effect if any necessary regulatory approval is not so obtained or
continued. All Parties hereto shall cooperate to obtain or continue
all necessary approvals or authorizations, but no Party shall be
liable to any other Party for failure to obtain or continue such
approvals or authorizations.
9.2 The transportation service described herein shall be provided
subject to Subpart G, Part 284, of the FERC Regulations.
ARTICLE X
RESPONSIBILITY DURING TRANSPORTATION
Except as herein specified, the responsibility for gas during
transportation shall be as stated in the General Terms and Conditions of
Transporter's FERC Gas Tariff Volume No. 1.
ARTICLE XI
WARRANTIES
11.1 In addition to the warranties set forth in Article IX of the General
Terms and Conditions of Transporter's FERC Gas Tariff, Shipper
warrants the following:
(a) Shipper warrants that all upstream and downstream
transportation arrangements are in place, or will be in place
as of the requested effective date of service, and that it
has advised the upstream and downstream transporters of the
receipt and delivery points under this Agreement and any
quantity limitations for each point as specified on Exhibit
"A" attached hereto. Shipper agrees to indemnify and hold
Transporter harmless for refusal to transport gas hereunder
in the event any upstream or downstream transporter fails to
receive or deliver gas as contemplated by this Agreement.
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SERVICE PACKAGE 9283
AMENDMENT NO. 0
(b) Shipper agrees to indemnify and hold Transporter harmless
from all suits, actions, debts, accounts, damages, costs,
losses and expenses (including reasonable attorneys fees)
arising from or out of breach of any warranty by Shipper
herein.
11.2 Transporter shall not be obligated to provide or continue service
hereunder in the event of any breach of warranty.
ARTICLE XII
TERM
12.1 This Agreement shall be effective as of the 24th day of January,
1995, and shall remain in force and effect until the 31st day of
January, 1995,("Primary Term") and on a week to week basis
thereafter unless terminated by either Party upon at least five (5)
days prior written notice to the other Party.
12.2 Any portions of this Agreement necessary to resolve or cash-out
imbalances under this Agreement as required by the General Terms and
Conditions of Transporter's FERC Gas Tariff Volume No. 1, shall
survive the other parts of this Agreement until such time as such
balancing has been accomplished; provided, however, that Transporter
notifies Shipper of such imbalance no later than twelve months after
the termination of this Agreement.
12.3 This Agreement will terminate automatically upon written notice from
Transporter in the event Shipper fails to pay all of the amount of
any xxxx for service rendered by Transporter hereunder in accord
with the terms and conditions of Article VI of the General Terms and
Conditions of Transporter's FERC Tariff.
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SERVICE PACKAGE 9283
AMENDMENT NO. 0
ARTICLE XIII
NOTICE
Except as otherwise provided in the General Terms and Conditions applicable
to this Agreement, any notice under this Agreement shall be in writing and
mailed to the post office address of the Party intended to receive the
same, as follows:
TRANSPORTER: TENNESSEE GAS PIPELINE COMPANY
X.X. XXX 0000
XXXXXXX, XX 00000-0000
ATTENTION: TRANSPORTATION MARKETING
SHIPPER:
NOTICES: CONNECTICUT NATURAL GAS CORPORATION
000 XXXXXXXX XXXX
XXXXXXXX, XX 00000
ATTENTION: XXXX X. XXXXXX
BILLING: CONNECTICUT NATURAL GAS CORPORATION
000 XXXXXXXX XXXX
XXXXXXXX, XX 00000
ATTENTION: XXXXXXXX XXXXX
or to such other address as either Party shall designate by formal written
notice to the other.
ARTICLE XIV
ASSIGNMENTS
14.1 Either Party may assign or pledge this Agreement and all rights and
obligations hereunder under the provisions of any mortgage, deed of
trust, indenture, or other instrument which it has executed or may
execute hereafter as security for indebtedness. Either Party may,
without relieving itself of its obligation under this Agreement,
assign any of its rights hereunder to a company with which it is
affiliated. Otherwise, Shipper shall not assign this Agreement or
any of its rights hereunder, except in accord with Article III,
Section 11 of the General Terms and Conditions of Transporter's FERC
Gas Tariff.
14.2 Any person which shall succeed by purchase, merger, or consolidation
to the properties, substantially as an entirety, of either Party
hereto shall be entitled to the rights and shall be subject to the
obligations of its predecessor in interest under this Agreement.
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SERVICE PACKAGE 9283
AMENDMENT NO. 0
ARTICLE XV
MISCELLANEOUS
15.1 The interpretation and performance of this Agreement shall be in
accordance with and controlled by the laws of the State of Texas,
without regard to the doctrines governing choice of law.
15.2 If any provisions of this Agreement is declared null and void, or
voidable, by a court of competent jurisdiction, then that provision
will be considered severable at either Party's option; and if the
severability option is exercised, the remaining provisions of the
Agreement shall remain in full force and effect.
15.3 Unless otherwise expressly provided in this Agreement or
Transporter's Gas Tariff, no modification of or supplement to the
terms and provisions stated in this agreement shall be or become
effective until Shipper has submitted a request for change through
the TENN-SPEED (Trademark) 2 System and Shipper has been notified
through TENN-SPEED 2 of Transporter's agreement to such change.
15.4 Exhibit "A" attached hereto is incorporated herein by reference and
made a part hereof for all purposes.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
duly executed as of the date first hereinabove written.
TENNESSEE GAS PIPELINE COMPANY
BY: Xxxxx X. Xxxxxx 4-10-95
---------------------------
Xxxxx X. Xxxxxx
Agent and Attorney-in-Fact
CONNECTICUT NATURAL GAS CORPORATION
BY: X.X. Xxxxxxxx
---------------------------
TITLE: Asst. VP EP&P
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DATE: 3/28/95
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GAS TRANSPORTATION AGREEMENT
(For Use Under FT-A Rate Schedule)
EXHIBIT "A"
AMENDMENT #0 TO GAS TRANSPORTATION AGREEMENT
DATED January 24, 0000
XXXXXXX
XXXXXXXXX GAS PIPELINE COMPANY
AND
CONNECTICUT NATURAL GAS CORPORATION
CONNECTICUT NATURAL GAS CORPORATION
EFFECTIVE DATE OF AMENDMENT: January 24, 1995
RATE SCHEDULE: FT-A
SERVICE PACKAGE: 9283
SERVICE PACKAGE TQ: 3,000 Dth
METER METER NAME INTERCONNECT PARTY NAME COUNTY ST ZONE R/D LEG METER-TQ BILLABLE-TQ
------------------------------------------------------------------------------------------------------------------------------
020285 ALGONQUIN-MENDON MASS TIEOVER ALGONQUIN GAS TRANSMISSION CO WORCESTER MA 06 R 200 3,000 3,000
Total Receipt TQ: 3,000 3,000
020109 COMMONWEALTH-WORCESTER MASS COMMONWEALTH GAS CO WORCESTER MA 06 D 200 3,000 3,000
Total Delivery TQ: 3,000 3,000
NUMBER OF RECEIPT POINTS AFFECTED: 1
NUMBER OF DELIVERY POINTS AFFECTED: 1
Note: Exhibit "A" is a reflection of the contract and all amendments
as of the amendment effective date.
