RATE SCHEDULE FT

FIRM TRANSPORTATION SERVICE

(continued)


 


 

3.3.5 Facilities: All costs, including reasonable overheads

and taxes, actually incurred by Pipeline in the

construction and installation, modification,

acquisition of facilities, and/or acquisition of an

ownership interest in capacity for the receipt,

measurement, or transportation of gas for Shipper's

account which Shipper requests and Pipeline, in its

reasonable discretion, agrees to construct, install,

modify, and/or acquire including acquisition of any

interests in real estate and permits associated with

the facilities. Title and ownership of such

facilities, however, shall remain in Pipeline.

Shipper shall pay Pipeline for such costs within ten

(10) days of receipt of Pipeline's invoice detailing

the amount of such costs or as otherwise agreed.


 


 

4. RECEIPT AND DELIVERY POINTS


 

4.1 The Primary Receipt Point(s) at which Pipeline shall receive gas for

transportation hereunder shall be specified in an Exhibit A to the

Service Agreement between Pipeline and Shipper, which may be

superseded by a new Exhibit A in order to add or delete specific

points or make other changes thereto the parties deem appropriate.

Pipeline shall not accept any proposed Primary Receipt Point(s) if

to do so would, in Pipeline's reasonable judgment, impair Pipeline's

ability to satisfy existing firm obligations, to maintain system

integrity or to receive Fuel Retainage Percentage at maximum

deliverability levels or if the resulting aggregate firm Maximum

Daily Receipt Quantity ("MDRQs") would exceed Shipper's MDTQ or the

capacity requested by Shipper is not available at the Primary

Receipt Point(s).


 

Notwithstanding the foregoing, all Receipt Points shall be available

for use by Shipper as Secondary Receipt Points subject to reduction

by the Pipeline based on the Tariff scheduling, OFO, curtailment

allocation and force majeure and related provisions in the GT&Cs

Sections 6, 9, 10 and 21 respectively.