EXHIBIT 10.4
PRECEDENT AGREEMENT
BETWEEN
XXXXXX XXXXXX INTERSTATE GAS TRANSMISSION LLC
AND
NEDAK ETHANOL, LLC
This Precedent Agreement dated this 28th day of February, 2006 states an
agreement between Xxxxxx Xxxxxx Interstate Gas Transmission LLC ("KMIGT"), a
limited liability company organized and existing under the laws of the State of
Colorado, and NEDAK Ethanol LLC ("Shipper"), a limited liability company. KMIGT
and Shipper hereby agree to enter into a transportation service agreement for
the services described herein, provided the conditions set forth in this
Precedent Agreement are met in accordance herewith. The commitment provided by
Shipper via this Precedent Agreement will be used as support for the
construction and operation of certain facilities referred to as the Grand Island
North Project. Accordingly, KMIGT and Shipper agree to the following:
RECITALS:
WHEREAS, Shipper proposes to construct a new ethanol production plant
(herein the "NEDAK Ethanol Plant" or "Plant") situated near Atkinson, Nebraska
which will utilize natural gas. Shipper desires to have KMIGT transport
Shipper's natural gas supply requirements to a primary delivery point near
O'Neill, Nebraska (O'Neill Delivery Point) for delivery to Xxxxxx Xxxxxx, Inc
who will deliver to the Plant. KMIGT's transportation services will be pursuant
to applicable transportation agreements and KMIGT's FERC Gas Tariff; and
WHEREAS, the transportation and delivery of such gas supplies by
KMIGT will require KMIGT to increase its pipeline capacity by installing new
facilities north of Grand Island, NE; and
WHEREAS, The facilities and capacities described herein may change
based on the final capacity requirements or project design; and,
WHEREAS, the Parties desire to establish the terms and conditions upon
which KMIGT will construct and place into service the required facilities to
provide service to the X'Xxxxx Delivery Point and make available the increased
pipeline capacity to transport and deliver the anticipated natural gas supply
requirements; and ,
WHEREAS, this Precedent Agreement has been executed as evidence of the agreement
between KMIGT and Shipper that, upon satisfaction of the conditions precedent
set forth below, the parties will enter into a Firm Transportation Service
agreement(s) for interstate natural gas transportation service, to be provided
by KMIGT for Shipper.
NOW, THEREFORE, in consideration of the mutual covenants and agreement contained
herein, and intending to be legally bound, KMIGT and Shipper agree as follows:
1. EFFECTIVE DATE, TERM AND BINDING EFFECT
This Precedent Agreement shall become effective on the date of its
execution by both Parties and shall remain in effect until the earlier
of: (a) the Effective Date of the Firm Transportation Service Agreement,
or (b) either Shipper's or KMIGT's exercise of its termination rights
pursuant to this Precedent Agreement, or (c) failure of a condition
precedent.
X 10.4-1
2. SERVICES
KMIGT agrees to cause the construction of the facilities necessary to
expand KMIGT's capacity in that part of its System located north of
Grand Island, Nebraska to flow in a northerly direction so that KMIGT is
able to deliver 2,450 Dth/d (North Expansion) to the X'Xxxxx Delivery
Point. KMIGT agrees to provide Shipper with firm transportation services
to meet Shipper's needs as set forth on Appendix A hereto; however,
KMIGT shall in no case be obligated to construct more than the capacity
set forth above. The construction and operation of the North Expansion
shall be subject to the jurisdiction of the Federal Energy Regulatory
Commission ("FERC") and shall be pursuant to a FERC Certificate of
Public Convenience and Necessity application filing by KMIGT
("Certificate Application"). The pipeline facilities to be constructed
and placed into service by KMIGT will be owned, operated and maintained
by KMIGT
The Parties agree that KMIGT is not obligated to order material for the
construction of the KMIGT Facilities or begin the construction and
installation of the KMIGT Facilities until: (1) all requisite
authorization has been received in form and substance acceptable to
KMIGT, and (2) this Agreement has been executed by both Parties.
3. RATES
Shipper agrees to pay the Reservation Rate(s) as indicated on Appendix A
for the entire term set forth on Appendix A, in accordance with the form
of Agreement attached hereto as Appendix B. The Commodity Rate, as
indicated on Appendix B, plus ACA and any surcharges which, subsequent
to the date of this Precedent Agreement, are then generally applicable
under the Tariff, shall also be paid by Shipper. Fuel and Lost and
Unaccounted for Gas ("FL&U") shall be assessed, and will be adjusted, in
accordance with KMIGT's Tariff, in addition to the above described
rates.
4. QUANTITY, TERM, RECEIPT AND DELIVERY POINTS
The Maximum Daily Quantity (MDQ) shall be as set forth on Appendix A
attached hereto. The Primary Term shall commence on June 1, 2007 or the
in-service date of the North Expansion. The Primary Term and the Primary
Receipt and Delivery Point(s) are as set forth on Appendices A and B.
Secondary Receipt and Delivery Points will be made available pursuant to
the terms and conditions set forth in KMIGT's FERC Gas Tariff and shall
be subject to all maximum applicable charges under the tariff, unless
otherwise agreed to in writing.
5. CONDITIONS TO KMIGT'S OBLIGATIONS
KMIGT's obligations to provide firm services and to cause the
construction of the North Expansion are subject to the following
conditions:
(a) All requisite governmental approvals must be obtained and
maintained on terms reasonably acceptable to KMIGT, including
approval of construction, rates and terms and conditions of
service; and
(b) All rights-of-way and other surface rights required to site the
North Expansion described herein must be obtained on terms and
conditions reasonably acceptable to KMIGT; and
(c) The project must remain economically viable, in KMIGT's sole
discretion; and
(d) KMIGT's obligations are conditioned on Shipper having and
maintaining such credit as provided in Section 6(c) below to
satisfy Shipper's financial obligations under this Precedent
Agreement and the Firm Transportation Service Agreement which is
to be executed pursuant to this Precedent Agreement.
X 10.4-2
6. SHIPPER'S OBLIGATIONS
(a) Shipper agrees that it will execute the Firm Transportation
Service Agreement in the form attached hereto as Appendix B,
within five (5) business days after tender by KMIGT, in
accordance with the Tariff and the terms of this Precedent
Agreement; and
(b) Upon request by KMIGT, Shipper agrees to support any
notification, tariff or certificate filing made to the FERC, or
other forums, that would assist KMIGT in obtaining any necessary
authorizations to construct facilities or to provide services as
set out herein; and
(c) Shipper shall provide sufficient evidence of credit worthiness
as follows:
The initial credit assurance in the amount of $150,000 will be
due within fifteen (15) days of signing this Agreement. Such
credit assurance shall be adjusted based upon the following
schedule:
Period Credit Assurance
------ ----------------
Upon signature $ 150,000
Sep-06 $ 1,529,169
Apr-07 $ 1,529,168
Jul-07 $ 1,529,168
Oct-07 $ 1,529,168
Jan-08 $ 1,325,278
Apr-08 $ 1,197,847
Jul-08 $ 1,070,416
Oct-08 $ 942,986
Jan-09 $ 815,555
Apr-09 $ 688,124
Jul-09 $ 560,694
Oct-09 $ 433,263
Jan-10 $ 305,833
Apr-10 $ 178,402
Jul-10 $ 127,431
Shipper shall maintain the credit assurance of this Section 6 (c) in accordance
with the terms specified in KMIGT's then effective FERC Gas Tariff and the
FERC's policy for construction of new facilities throughout the term of this
Agreement and any superseding Firm Transportation Service Agreement. Further,
this Section 6(c) shall survive the termination of this Agreement
7. TIMING
KMIGT anticipates having this project ready for service by June 1, 2007,
conditioned upon receipt of all necessary regulatory and other
approvals. However, if KMIGT is unable to commence the service as
contemplated hereunder by June 1, 2007, KMIGT will proceed with due
diligence and in good faith to commence the service for Shipper at the
earliest practicable date thereafter.
X 10.4-3
8. TERMINATION RIGHTS
Shipper shall have the right to terminate this Precedent Agreement prior
to the Effective Date of the Firm Transportation Service Agreement if:
(1) if it does not obtain the minimum level of interstate natural gas
transportation service as specified on Appendix A hereto; or, (2) KMIGT
has not filed for FERC certificate authority by June 1, 2006; or (3)
FERC shall deny the Certificate Application. KMIGT shall have the right
to terminate this Precedent Agreement prior to the Effective Date of the
Firm Transportation Service Agreement if: (1) FERC shall deny the
Certificate Application, or (2) FERC shall attach conditions to any
certificate which results from the Certificate Application which, in
KMIGT's sole judgment, are unacceptable, or (3) FERC fails to issue a
certificate in response to the Certificate Application prior to January
31, 2007; or, (4) KMIGT determines, in its commercially reasonable
discretion, that the project is not "Economically Viable", with such
determination to be made no later than thirty (30) days following
KMIGT's receipt of a certificate from FERC; or, (5) Shipper fails to
comply with its obligation stated at Section 6(c) above. Any such
termination by either Party shall be effected by delivery by the
terminating Party of written notice to the other Party within twenty
(20) business days after the relied upon occurrence. Notice of
termination delivered later than twenty (20) business days after the
relied upon occurrence shall not be effective, except in the case stated
at clause (e) of this Section 8 wherein any ongoing or periodic failure
to maintain creditworthiness shall constitute a separate occurrence.
9. AUTHORITIES
Performance hereunder shall be subject to all valid laws, orders,
decisions, rules and regulations of duly constituted governmental
authorities having jurisdiction or control of the matter related hereto.
Should either of the Parties, by force of any such law, order, decision,
rule or regulation, at any time during the term of this Precedent
Agreement be ordered or required to do any act inconsistent with the
provisions hereof, then for the period during which the requirements of
such law, order, decision, rule or regulation are applicable, this
Precedent Agreement shall be deemed modified to conform with the
requirement of such law, order, decision, rule or regulation; provided,
however, nothing herein shall alter, modify or otherwise affect the
respective rights of the Parties to cancel or terminate this Precedent
Agreement under the terms and conditions hereof.
10. ASSIGNMENT
This Precedent Agreement, in whole or in part, may be assigned by KMIGT
to a wholly or partially owned affiliate, special purpose joint venture,
partnership, or other affiliated entity, including a parent company or
partnership. Shipper may assign this Precedent Agreement and any of the
rights or obligations hereunder and any associated Firm Transportation
Service Agreement to any wholly owned affiliate which satisfies the
credit worthiness standards of KMIGT and which is a successor to the
business for which the transportation service was initially secured.
Either party may assign this Precedent Agreement to an entity to which
the party has assigned, transferred or pledged the rights and privileges
under the applicable agreement for mortgage, pledge or as security for
indebtedness. Once the North Expansion is in service, Shipper may
release its capacity under the Firm Transportation Service Agreement
pursuant to the terms of the Tariff.
11. CHOICE OF LAW
THIS PRECEDENT AGREEMENT SHALL BE INTERPRETED, CONSTRUED AND GOVERNED BY
THE LAWS OF THE STATE OF COLORADO, WITHOUT REGARD TO THE CHOICE OF LAW
RULES OF THAT STATE.
12. FURTHER ASSURANCE
KMIGT and Shipper shall act in good faith to achieve the benefit of the
bargains set forth herein, and shall enter into such additional
agreements as may be reasonable and necessary in furtherance of this
Precedent Agreement.
X 10.4-4
13. CONFIDENTIALITY
Due to competitive concerns of KMIGT and Shipper, each Party and its
respective agents, employees, affiliates, officers, Directors,
attorneys, auditors and other representatives shall keep and maintain
this Precedent Agreement and the individual provisions hereof in strict
confidence, and shall not transmit, reveal, disclose or otherwise
communicate any of the provisions of this Precedent Agreement to any
person without first obtaining the express written consent of the other
Party, which consent shall not be unreasonably withheld; provided,
however, that such consent shall not be required to the extent that
either Party determines in its reasonable judgment that any such
disclosure is expressly contemplated or required by law, regulation, an
entity providing financing or order of any governmental authority of
competent jurisdiction, including but not limited to the FERC.
14. REPRESENTATIONS
Each Party represents that this Agreement, the transactions contemplated
herein, and the execution and delivery of this Agreement have been duly
authorized by all necessary corporation or limited liability company
actions, including, without limitation, required action on the part of
the officers and agents of the representing Party, and this Agreement,
when executed and delivered, shall be valid and binding on it.
XXXXXX XXXXXX INTERSTATE GAS TRANSMISSION LLC
BY: /s/ R.M. Holstlow
------------------------------------
NAME: Xxxxx X. Holstlow
------------------------------------
TITLE: Vice President
NEDAK ETHANOL LLC
BY: /s/ Xxxxxx Xxxxxxxxx
-------------------------------------------
NAME: Xxxxxx Xxxxxxxxx
-------------------------------------------
TITLE: President and General Manager
X 10.4-5
APPENDIX A
TO THE
PRECEDENT AGREEMENT
BETWEEN
XXXXXX XXXXXX INTERSTATE GAS TRANSMISSION LLC ("KMIGT")
AND
NEDAK ETHANOL LLC ("SHIPPER")
DATED ____3-23-06___________
In accordance with the Precedent Agreement, Shipper makes the following
elections for service under the North Expansion Project. Unless as otherwise
specified below and agreed to by KMIGT, the commencement date of the Firm
Transportation Service Agreement is to be the in-service date of the project.
Final determination of the project size will be based upon the total elections
received that are economically acceptable:
FIRM TRANSPORTATION SERVICE
--- ------------------ ---------------------- ------------ ------------ --------
PRIMARY PRIMARY RESERVATION TERM
RECEIPT POINT DELIVERY POINT MDQ (DTH/D) RATE* (YEARS)
--- ------------------ ---------------------- ------------ ------------ --------
1. KMOLP/Xxxxxxx NEDAK X'Xxxxx -(PIN 69 MAX 10
Plant PIN(996620) # to be determined)
---- ----------------- ---------------------- ------------ ------------ --------
2. CIG/Glenrock NEDAK X'Xxxxx (PIN # 2,381 MAX 10
(PIN 19350) to be determined)
---- ----------------- ---------------------- ------------ ------------ --------
3.
---- ----------------- ---------------------- ------------ ------------ --------
2,450
TOTAL MDQ
---- ----------------- ---------------------- ------------ ------------ --------
Commencement Date of the Firm Transportation Service contract is June 1, 2007
* Reservation Rate shall be stated as $ per MDQ or MDCQ per month, or
Shipper may elect to pay the maximum recourse rate by indicating
"MAX". Negotiated Rates shall apply to the primary paths and points
set forth above, and shall remain fixed during the entire term of
the Firm Transportation Service Agreement
o Shipper's minimum acceptable quantity (please check one of the
following boxes):
[ ] The quantity requested above is Shipper's minimum acceptable
quantity.
[ ] The minimum quantity is designated as follows: _____________
Agreed to by:
Shipper Signature: _________________________________________________
Name (Please print): _________________________________________________
Title: _____________________________________________________________
X 10.4-6
APPENDIX B
TO THE
PRECEDENT AGREEMENT
BETWEEN
XXXXXX XXXXXX INTERSTATE GAS TRANSMISSION LLC ("KMIGT")
AND
NEDAK ETHANOL LLC ("SHIPPER")
DATED _______________
Contract No. __TBD____
FIRM TRANSPORTATION SERVICE AGREEMENT
(APPLICABLE TO RATE SCHEDULE FT)
This Agreement ("Agreement") is made and entered into by Xxxxxx Xxxxxx
Interstate Gas Transmission LLC, a Colorado corporation ("Transporter") and by
the Party(s) named in Article XIII ("Shipper").
In consideration of the premises and of the mutual covenants, the
parties do agree as follows:
ARTICLE I
SCOPE OF AGREEMENT
Subject to the terms, conditions and limitations hereof and of
Transporter's Rate Schedule FT, Transporter agrees to receive from, or for the
account of, Shipper for transportation on a firm basis quantities of natural gas
tendered by Shipper on any day at the Primary Receipt Point(s) up to the
applicable Maximum Daily Receipt Quantity for such Receipt Point. Shipper shall
not tender at all Primary Receipt Points on any day without the prior consent of
Transporter, a cumulative quantity of natural gas in excess of the Maximum Daily
Transportation Quantity set forth in Article XIII.
Transporter agrees to transport and deliver to, or for the account of,
Shipper at the Delivery Point(s) the nominated gas received from Shipper at the
Receipt Point(s), less the Fuel Reimbursement Quantity and other deductions, and
Shipper agrees to accept or cause acceptance of delivery of these quantities;
provided, however, that Transporter shall not be obligated to deliver at any
Delivery Point on any day a quantity of natural gas in excess of the applicable
Maximum Daily Delivery Quantity.
ARTICLE II
TERM OF AGREEMENT
This Agreement shall become effective as of the date set forth below and
shall remain in full force and effect in accordance with the terms of this
Service Agreement. This Agreement may be extended for another primary term if
agreed to by both parties in accordance with the provisions in the General Terms
and Conditions on the Right of First Refusal Process.
ARTICLE III
RATE SCHEDULE
Shipper shall pay Transporter for all services rendered and for the
availability of such service at rates filed under Transporter's FT Rate Schedule
as shown on Sheet No. 4-A of Second Revised Volume No. 1-A and as the same may
be hereafter revised or changed. Unless otherwise agreed to in writing between
Transporter and Shipper, the rates to be charged Shipper for transportation
shall not be more than the maximum rate under Rate Schedule FT, nor less than
the minimum rate under Rate Schedule FT.
X 10.4-7
This Agreement and all terms and provisions contained or incorporated
herein are subject to the provisions of Transporter's applicable Rate Schedules
and of Transporter's General Terms and Conditions on file with the Federal
Energy Regulatory Commission, or other duly constituted authorities having
jurisdiction, and as the same may be legally amended or superseded, which Rate
Schedules and General Terms and Conditions are by this reference made a part
hereof.
Shipper agrees that Transporter shall have the unilateral right to file
with the appropriate regulatory authority and make changes effective in: (a) the
rates and charges applicable to service pursuant to Transporter's Rate Schedule
FT, (b) Transporter's Rate Schedule FT, pursuant to which service is rendered,
or (c) any provision of the General Terms and Conditions applicable to Rate
Schedule FT.
ARTICLE IV
PRIMARY RECEIPT POINT(S)
Natural gas to be received by Transporter for the account of Shipper
shall be delivered by Shipper and received by Transporter on the outlet side of
the measuring station(s) at or near the Primary Receipt Point(s) specified in
Appendix A, with the Maximum Daily Receipt Quantity and the facility number,
maximum receipt pressure, and provisions for incremental facilities as set forth
in Appendix A. If multiple primary delivery point rate zones are specified in
Appendix B the primary receipt point(s) and quantities must be allocated by
primary delivery point rate zone in Appendix A.
ARTICLE V
PRIMARY DELIVERY POINTS
Natural gas to be delivered by Transporter for the account of Shipper
shall be delivered by Transporter and received by Shipper on the outlet side of
the measuring station(s) at or near the Primary Delivery Point(s) specified in
Appendix B, with the Maximum Daily Delivery Quantity and the facility number,
maximum delivery pressure, and provisions for incremental facilities indicated
for each such Delivery Point as set forth in Appendix B.
ARTICLE VI
QUALITY
All natural gas tendered to Transporter for transportation for the
account of Shipper at the Receipt Point(s) shall conform to the quality
specifications set forth in Section 4 of the General Terms and Conditions of
Transporter's FERC Gas Tariff, as revised from time to time unless otherwise
agreed to. Transporter may refuse to take delivery of any gas for transportation
which does not meet such quality specifications.
ARTICLE VII
INTERPRETATION
The interpretation and performance of the Agreement shall be in
accordance with the laws of the State of Colorado.
This Agreement, and all its rates, terms and conditions, shall at all
times be subject to modification by order of the FERC upon notice and hearing
and a finding of good cause therefore. In the event that any party to this
Agreement requests the FERC to take any action which could cause a modification
in the conditions of this Agreement, that party shall provide written notice to
the other parties at the time of filing the request with the FERC.
X 10.4-9
ARTICLE VIII
AGREEMENTS BEING SUPERSEDED
When this Agreement becomes effective, it shall supersede and cancel any
other firm agreements between the parties for the same service.
ARTICLE IX
CERTIFICATIONS
By executing this Agreement, Shipper certifies that: (1) Shipper has a
valid right to deliver the gas to be transported by Transporter; (2) Shipper
has, or will have, entered into all arrangements necessary for the commencement
of deliveries to Transporter; and (3) Shipper has a transportation contract(s)
or will enter into a transportation contract(s) with the party ultimately
receiving the gas, prior to the commencement of service.
ARTICLE X
ADDRESSES
Except as otherwise provided or as provided in the General Terms and
Conditions of Transporter's FERC Gas Tariff, any notice, request, demand,
statement, xxxx or payment provided for in this Agreement, or any notice which
any party may desire to give to the other, shall be in writing and shall be
considered as duly delivered when mailed by registered, certified, or regular
mail to the post office address of the parties as follows:
(a) Transporter:
Mailing Address: Street Address:
Xxxxxx Xxxxxx Interstate Gas Xxxxxx Xxxxxx Interstate Gas
Transmission LLC Transmission LLC
X.X. Xxx 000000 000 Xxx Xxxxxx
Xxxxxxxx, Xxxxxxxx 00000-0000 Xxxxxxxx, Xxxxxxxx 00000
Telephone: (000) 000-0000
Telecopy: (000) 000-0000
Scheduling: Payment Address:
Transportation and Storage Services Xxxxxx Xxxxxx Interstate Gas
Telephone: (000) 000-0000 Transmission LLC
Telecopy: (000) 000-0000 c/o KMP Rockies
Xxxx. 0000 X X Xxx 000000
Xxxxxx, Xxxxx 00000-0000
Wires:
Xxxxxx Xxxxxx Interstate Gas
Transmission LLC
c/o KMP Rockies
Xxxxx Fargo Bank, NA
ABA No. 121 000 248
Account No. 412 112 0968
X 10.4-10
(b) Shipper: As shown in Article XIII or such other address as either
party shall designate by formal written notice.
ARTICLE XI
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of any
successor(s), substantially as an entirety, to either Transporter or Shipper by
merger, consolidation or acquisition. Either Transporter or Shipper 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;
otherwise, except as provided in Section 23 of the General Terms and Conditions,
neither Transporter nor Shipper shall assign this Agreement or its rights
hereunder.
ARTICLE XII
CAPACITY RELEASE
Shipper may release its capacity under this Firm Transportation Service
Agreement, up to Shipper's Maximum Daily Transportation Quantity or Maximum
Contract Quantity, in accordance with the General Terms and Conditions of
Transporter's FERC Gas Tariff.
ARTICLE XIII
SPECIFIC INFORMATION
Firm Transportation Service Agreement between XXXXXX XXXXXX
INTERSTATE GAS TRANSMISSION LLC ("Transporter") and NEDAK Ethanol LLC
("Shipper").
Contract Number: _______TBD______
Contract Date: _____________
Term: Term: For Ten Years Commencing the
Later of June 1, 2007 or the
In-Service Date of the North Expansion
Termination Notice: __Per tariff_____________
Shipper Address:
000 Xxxx Xxxxx Xxxxxx____
Xxxxxxxx, XX 68713______
Telephone: ________________
Telecopy: ________________
Maximum Daily
Transportation Quantity: 2,450 MMBtu per day.
Rate: The rate charged will be the maximum transportation rate unless otherwise
agreed to in writing.
Fuel Reimbursement: As stated on Tariff Sheet No. 4-D, unless otherwise agreed
to in writing.
X 10.4-10
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed
by their duly authorized representative.
XXXXXX XXXXXX INTERSTATE GAS NEDAK ETHANOL LLC
TRANSMISSION LLC "Shipper"
"Transporter"
By: ____________________________ By: _____________________________
3 4
Title: ____________________________ Title: ___________________________
X 10.4-11
APPENDIX A
RECEIPT POINT(S)
To the Firm Transportation Service Agreement between XXXXXX XXXXXX
INTERSTATE GAS TRANSMISSION LLC ("Transporter") and NEDAK ETHANOL LLC
("Shipper").
Contract Number: ______TBD__________ Dated: _______________
Effective Date: June 1,
2007_____
Maximum Provision for
Primary Receipt Maximum Daily Incremental
Receipt Point(s) Facility No. Pressure Receipt Quantity Facility
------------------- ----------- -------- ----------------- ------------
KMOLP/Xxxxxxx Plant PIN (996620) 69 Dth N/A
CIG/Glenrock PIN (19350) 2,381 Dth N/A
This Appendix A supersedes and cancels any previously effective Appendix A to
the referenced Firm Transportation Service Agreement.
XXXXXX XXXXXX INTERSTATE GAS NEDAK ETHANOL LLC
TRANSMISSION LLC "Shipper"
"Transporter"
By: ___________________________ By: ______________________________
Title: ___________________________ TITLE: ______________________________
X 10.4-12
APPENDIX B
DELIVERY POINT(S)
To the Firm Transportation Service Agreement between XXXXXX XXXXXX
INTERSTATE GAS TRANSMISSION LLC ("Transporter") and NEDAK ETHANOL LLC
("Shipper").
Contract Number: _____TBD________ Dated: ______________
Effective Date: June 1,
2007____
Maximum
Maximum Provision for
Primary Receipt Maximum Daily Incremental
Receipt Point(s) Facility No. Pressure Receipt Quantity Facility
------------------- ----------- -------- ----------------- ------------
NEDAK X'Xxxxx (PIN # TBD) 2,450 Dth NA
This Appendix B supersedes and cancels any previously effective Appendix B to
the referenced Firm Transportation Service Agreement.
XXXXXX XXXXXX INTERSTATE GAS NEDAK ETHANOL LLC
TRANSMISSION LLC ("Shipper")
("Transporter")
By: ____________________________ By: ______________________________
Title: ____________________________ Title: ______________________________
X 10.4-13
APPENDIX C
PRIMARY TRANSPORTATION PATH SEGMENT MDTQ's
(Applicable to New, Renewed or Amended Transportation Segments)
An MDTQ exists for each primary transportation path segment and
direction within the primary path under this Agreement. Such MDTQ is the maximum
daily transportation quantity of gas which Transporter is obligated to transport
on a firm basis along a primary transportation path segment.
A schedule showing these primary transportation path segment MDTQ's is
attached.
This Appendix C supersedes and cancels any previously effective Appendix
C to this Firm Transportation Service Agreement.
XXXXXX XXXXXX INTERSTATE
GAS TRANSMISSION LLC
("Transporter")
By : _________________________________
Title: ______________________________
NEDAK ETHANOL LLC
("Shipper")
By : ________________________________
Title: _______________________________
Flow Direction
Upstream (F)orward Haul
Segment # Segment or (B)ack Haul MDTQ
--------- ------- -------------- ----
X 10.4-14
