GENERAL TERMS AND CONDITIONS

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Right of First Refusal: If Pipeline provides written notice to

Shipper to terminate any Long Term Service Agreement for firm

transportation at the maximum tariff rate, Shipper will have a right

of first refusal to retain such firm capacity by complying with the

bidding procedures in this Section 4. If Shipper or a competing

bidder does not retain or acquire such firm capacity during the

right of first refusal bidding process, such firm capacity will be

allocated under GT&Cs Section 4.1(b). A right of first refusal does

not attach to: (i) capacity for which a Shipper provides written

notice to Pipeline to terminate; (ii) any Short Term Service

Agreement; (iii) an interruptible Service Agreement; or (iv) unless

otherwise agreed to by Pipeline on a not unduly discriminatory

basis, a Service Agreement with a Discounted Rate or Negotiated Rate

pursuant to GT&Cs Section 27. Pipeline shall post on its Internet

Web Site notice of expiration of Long Term Service Agreements for

firm transportation 180 days prior to expiration of the Service

Agreement. Unless Shipper gives at least twelve (12) months prior

written notice to Pipeline to terminate the Service Agreement or to

request a lesser extension term, the Service Agreement will

automatically extend upon the expiration of the primary term for a

term of five years. If a Shipper gives written notice to extend its

Long Term Service Agreement, or any portion of its contract quantity

thereunder, for less than the 5-year automatic extension period,

then Pipeline, at its option and in a manner, which is not unduly

discriminatory, may accept Shipper's requested extension period.

Alternatively, Pipeline will make the capacity under such agreement

available in accordance with the right of first refusal open season

procedures of this Section 4.


 

(a) Pipeline shall post the capacity for bidding on its

Internet Web Site no later than 180 days prior to the

expiration of the current Service Agreement. Pipeline

shall provide 30 days prior written notice to Shipper of

the date the capacity will be posted. The capacity will

remain posted on the Pipeline's Internet Web Site for a

minimum of 20 days with such posting containing the

information set forth in GT&Cs Section 4.1(b).