Common use of Further Agreement Clause in Contracts

Further Agreement. A. The rate for all quantities of gas transported on the Primary Route(s) up to the Primary Route MDQ(s) under this Agreement shall be the current FERC Tariff Rates in effect not to exceed $0.15 per dth on a 100% load factor basis inclusive of Volumetric Buyout/Buydown, GRI, Dakota and Transition Costs. In addition, Shipper will be charged ACA, fuel and any other related fees or surcharges. B. All quantities associated with Secondary Receipt Points, Secondary Delivery Points, Secondary Routes and the releases of the capacity under this Agreement will be at Maximum Tariff Rates plus all other related fees, surcharges and fuel. C. Shipper and any Agent of Shipper agree that the rates stated herein shall be confidential and shall be maintained confidentially by Shipper and any Agent of Shipper. Shipper may disclose such rates only if such disclosure is required by law and Shipper requests confidential or privileged treatment under applicable statutes, rules and regulations, and provides reasonable notice to Transporter prior to such disclosure. Any unauthorized disclosure of the rates stated herein shall have the effect of terminating from the date the discounted rate is disclosed any rate discounts reflected herein such that, for the remaining term of this Agreement, Shipper shall be required to pay Transporter the maximum applicable rate for service, as well as all other charges, surcharges or direct xxxx applicable to such service. D. Shipper waives its right to segment its FTS-1 capacity during the term of this Agreement. E. If FTS-1 Agreement No. 24400 is terminated after one (1) year of service, this Agreement shall be amended to change the Primary Delivery Point to East Joliet only with a 100% load factor rate of $0.12 per dth inclusive of Volumetric Buyout/Buydown, GRI, Dakota and Transition Costs. In addition, Shipper will be charged ACA, fuel and any other related fees or surcharges. F. During the November 1, 1995 to April 30, 1996, October through April (1996 - 2000) and October 1-31, 2000 periods, Shipper can nominate up to 37,500 dth/day from Crystal Falls to either Monclova or East Joliet as long as the total combined nomination does not exceed 37,500 dth/day. DATE: OCTOBER 25, 1995 CONTRACT NO. 24950 G. Consistent with provisions of its Tariff, Transporter is willing to contract on Shipper's behalf for capacity required on third party transporters, or for other services to effectuate Shipper's receipt of gas on third party facilities and delivery of gas to Transporter's facilities. Shipper must advise Transporter prior to commencement of such third party transportation of its desire to have Transporter act in such a capacity. Shipper agrees to pay all charges related to such third party transportation arrangements pursuant to Transporter's Tariff. H. To the extent Shipper desires to utilize receipt/delivery points pursuant to Part 284 B (Section 311 of the NGPA and Section 284.102 of the Commission's regulations), Shipper must execute a separate agreement with Transporter and Shipper must also certify that the transportation of gas will be on behalf of either an "intrastate pipeline" or a "local distribution company."

Further Agreement. A. The rate for all quantities of gas transported on the Primary Route(s) up to the Primary Route MDQ(s) under this Agreement shall be the current FERC Tariff Rates in effect not to exceed $0.15 per dth on a 100% load factor basis inclusive of Volumetric Buyout/Buydown, GRI, Dakota and Transition Costs. In Date: September 20, 1995 Contract No. 24350 addition, Shipper will be charged ACA, fuel and any other related fees or surcharges. B. All quantities associated with Secondary Receipt Points, Secondary Delivery Points, Secondary Routes and the releases of the capacity under this Agreement will be at Maximum Tariff Rates plus all other related fees, surcharges and fuel. C. Shipper and any Agent of Shipper agree that the rates stated herein shall be confidential and shall be maintained confidentially by Shipper and any Agent of Shipper. Shipper may disclose such rates only if such disclosure is required by law and Shipper requests confidential or privileged treatment under applicable statutes, rules and regulations, and provides reasonable notice to Transporter prior to such disclosure. Any unauthorized disclosure of the rates stated herein shall have the effect of terminating from the date the discounted rate is disclosed any rate discounts reflected herein such that, for the remaining term of this Agreement, Shipper shall be required to pay Transporter the maximum applicable rate for service, as well as all other charges, surcharges or direct xxxx applicable to such service. D. Shipper waives its right to segment its FTS-1 capacity during the term of this Agreement. E. If the FTS-1 Agreement (No. 24400 24400) between Transporter and Shipper is terminated after one (1) year of service, this Agreement shall be amended to change the Primary Delivery Point to East Joliet only with a 100% load factor rate of $0.12 per dth inclusive of Volumetric Buyout/Buydown, GRI, Dakota and Transition Costs. In addition, Shipper will be charged ACA, fuel and any other related fees or surcharges. F. During the November 1, 1995 to April 30, 1996, October through April (1996 - 2000-2000) and October 1-31, 2000 periods, Shipper can nominate up to 37,500 60,000 dth/day from Crystal Falls to either Monclova Maumee East/Col Gas OH or East Joliet as long as the total combined nomination does not exceed 37,500 60,000 dth/day. DATE: OCTOBER 25, 1995 CONTRACT NO. 24950. G. Consistent with provisions of its Tariff, Transporter is willing to contract on Shipper's behalf for capacity required on third party transporters, or for other services to effectuate Shipper's receipt of gas on third party facilities and delivery of gas to Transporter's facilities. Shipper must advise Transporter prior to commencement of such third party transportation of its desire to have Transporter act in such a capacity. Shipper agrees to pay all charges related to such third party transportation arrangements pursuant to Transporter's Tariff.. Date: September 20, 1995 Contract No. 24350 H. To the extent Shipper desires to utilize receipt/delivery points pursuant to Part 284 B (Section 311 of the NGPA and Section 284.102 of the Commission's regulations), Shipper must execute a separate agreement with Transporter and Shipper must also certify that the transportation of gas will be on behalf of either an "intrastate pipeline" or a "local distribution company."

Further Agreement. A. The For the period April 1, 2000 through March 31, 2003, the rates for transportation under this Agreement will be a reservation rate of $0.2500 per dth per month. These rates include Volumetric Buyout/Buydown, Dakota and Transition Cost Surcharges. In addition to the rates stated above, Shipper shall be charged the Minimum Commodity Rate, ACA and Transporter's Use ("Fuel") in accordance with Transporter's FERC Gas Tariff, which is subject to change from time to time. Shipper shall not be responsible for GRI surcharges unless and to the extent that Transporter is required by the FERC to collect such charges from all similarly situated Shippers and remit such charges to GRI. B. For all quantities of gas transported on the Primary Route(s) up to the Primary Route MDQ(s) under this Agreement on the Secondary Route of the ANRPL Storage Facilities to East Joliet during each Summer period (April through October) only. Transporter shall be charged in accordance with the current FERC Tariff Rates terms outlined in effect not to exceed $0.15 per dth on a 100% load factor basis inclusive of Volumetric Buyout/Buydown, GRI, Dakota and Transition Costs. In addition, Shipper will be charged ACA, fuel and any other related fees or surchargesParagraph A above. B. All C. Except as stated in Paragraphs A and B above, all quantities associated with Secondary Receipt Points, Secondary Delivery Points, Points and Secondary Routes and the releases of the capacity under this Agreement will be at Maximum Tariff Rates plus all other related applicable fees, surcharges and fuel. C. Shipper and D. If, for any Agent of Shipper agree that reason, Transporter is prohibited from charging and/or collecting the rates stated herein shall be confidential and shall be maintained confidentially by Shipper and any Agent of Shipper. Shipper may disclose such rates only if such disclosure is required by law and Shipper requests confidential or privileged treatment revenues generated under applicable statutes, rules and regulations, and provides reasonable notice to Transporter prior to such disclosure. Any unauthorized disclosure this Agreement on the basis of the reservation and commodity rates stated herein set forth in Paragraph 8(A) above, then Transporter shall have the effect of terminating from the date the discounted rate is disclosed any rate discounts reflected herein such that, for the remaining term of this Agreement, Shipper shall be required to pay Transporter the maximum applicable rate for service, as well as all other charges, surcharges or direct xxxx applicable to such service. D. Shipper waives its right to segment its FTS-1 capacity during adjust (prospectively only) such reservation and/or commodity rates so as to enable Transporter to charge and collect the term same level of this Agreementrevenues Transporter would have received as previously agreed between Transporter and Shipper. E. If FTS-1 Agreement No. 24400 is terminated after one (1) year of service, this Agreement shall be amended to change the Primary Delivery Point to East Joliet only with a 100% load factor rate of $0.12 per dth inclusive of Volumetric Buyout/Buydown, GRI, Dakota and Transition Costs. In addition, Shipper will be charged ACA, fuel and any other related fees or surcharges. F. During the November 1, 1995 to April 30, 1996, October through April (1996 - 2000) and October 1-31, 2000 periods, Shipper can nominate up to 37,500 dth/day from Crystal Falls to either Monclova or East Joliet as long as the total combined nomination does not exceed 37,500 dth/day. DATE: OCTOBER 25, 1995 CONTRACT NO. 24950 G. Consistent with provisions of its Tariff, Transporter is willing to contract on Shipper's behalf for capacity required on third party transporters, or for other services to effectuate Shipper's receipt of gas on third party facilities and delivery of gas to Transporter's facilities. Shipper must advise has advised Transporter prior to commencement of such third party transportation of its desire to have Transporter act in such a capacity. Shipper agrees to pay all charges related to such third party transportation arrangements pursuant to Transporter's Tariff. H. F. To the extent Shipper desires to utilize receipt/delivery points pursuant to Part 284 B (Section 311 of the NGPA and Section 284.102 of the Commission's regulations), Shipper must execute a separate agreement with Transporter and Shipper must also certify that the transportation of gas will be on behalf of either an "intrastate pipeline" or a "local distribution company"."

Further Agreement. A. The rate for For all quantities of gas transported on the Primary Route(s) Route up to the Primary Route MDQ(s) MDQ under this Agreement shall Agreement, Shipper will be the current FERC Tariff Rates in effect not to exceed charged a Reservation Charge of $0.15 0.10 per dth on a 100% load factor basis inclusive of Volumetric Buyout/Buydown, GRI, Dakota and Transition Costs. In addition, for all quantities of gas transported, Shipper will be charged ACAthe Minimum Commodity Charge, fuel ACA and any other related fees or fuel. Shipper shall not be responsible for GRI surcharges., unless and to the extent that Transporter B. All quantities associated with Secondary Receipt Points, Secondary Delivery Points, Points and Secondary Routes and the releases of the capacity under this Agreement will be at Maximum Tariff Rates plus all other related fees, surcharges and fuelfuel unless mutually agreed to otherwise. C. Shipper and any Agent Transporter have agreed to decrease the Winter MDQ from "40,000 dth/day" to "20,000 dth/day" under FTS- I Agreement 101471 effective November 1, 1999. The remaining Winter MDQ of Shipper agree that the rates stated herein shall be confidential and shall be maintained confidentially by Shipper and any Agent of Shipper. Shipper may disclose such rates only if such disclosure 20,000 dth/day is required by law and Shipper requests confidential or privileged treatment reflected under applicable statutes, rules and regulations, and provides reasonable notice to Transporter prior to such disclosure. Any unauthorized disclosure of the rates stated herein shall have the effect of terminating from the date the discounted rate is disclosed any rate discounts reflected herein such that, for the remaining term of this Agreement, Shipper shall be required to pay Transporter the maximum applicable rate for service, as well as all other charges, surcharges or direct xxxx applicable to such service. D. Shipper waives its right to segment its FTS-1 capacity during the term of this Agreement. E. If FTS-1 Agreement No. 24400 is terminated after one (1) year of service, this Agreement shall be amended to change the Primary Delivery Point to East Joliet only with a 100% load factor rate of $0.12 per dth inclusive of Volumetric Buyout/Buydown, GRI, Dakota and Transition Costs. In addition, Shipper will be charged ACA, fuel and any other related fees or surcharges. F. During the November 1, 1995 to April 30, 1996, October through April (1996 - 2000) and October 1-31, 2000 periods, Shipper can nominate up to 37,500 dth/day from Crystal Falls to either Monclova or East Joliet as long as the total combined nomination does not exceed 37,500 dth/day. DATE: OCTOBER 25, 1995 CONTRACT NO. 24950 G. D. Consistent with provisions of its Tariff, Transporter is willing to contract on Shipper's behalf for capacity required on third party transporters, or for other services to effectuate Shipper's receipt of gas on third party facilities and delivery of gas to Transporter's facilities. Shipper must advise has advised Transporter prior to commencement of such third party transportation of its desire to have Transporter act in such a capacity. Shipper agrees to pay all charges related to such third party transportation arrangements pursuant to Transporter's Tariff. H. E. To the extent Shipper desires to utilize receipt/delivery points pursuant to Part 284 B (Section 311 of the NGPA and Section 284.102 of the Commission's regulations), Shipper must execute a separate agreement with Transporter and Shipper must also certify that the transportation of gas will be on behalf of either an "intrastate pipeline" or a "local distribution company"."

Further Agreement. A. The rate for all quantities of gas transported on the Primary Route(s) up to the Primary Route MDQ(s) under this Agreement MDQ as listed in the attached Primary Route Exhibit and secondary receipts/deliveries as listed below shall be a Monthly Reservation Rate of $2.8140 per dth and the current applicable Commodity Rate (equivalent on a daily basis to a 100% Load Factor Rate of $0.1000 per dth). This rate shall be inclusive of Dakota Surcharge, Transition Costs, and any other fees or surcharges under Transporter's FERC Gas Tariff Rates in effect not to exceed $0.15 per dth on a 100% load factor basis inclusive the total of Volumetric Buyout/BuydownTransporter's Maximum Reservation, GRI, Dakota Commodity and Transition Costsapplicable surcharge rates. In addition, Shipper will shall be charged ACAACA and Transporter's Use (Fuel) in accordance with Transporter's FERC Gas Tariff. Shipper shall not be charged for GRI surcharges, fuel unless and any other related fees or surcharges.to the extent that Transporter is required to collect and/or remit such charges to GRI. Secondary Receipt(s): None Secondary Delivery(ies): None B. All quantities associated with Secondary Receipt Points, Secondary Delivery Points, Secondary Routes and The mutually agreed upon rate for the releases use of the capacity under this Agreement will be at Maximum Tariff Rates plus all other related fees, surcharges and fuel. C. Shipper and any Agent of Shipper agree that the rates stated herein point not listed in Paragraph A above shall be confidential ANR's Maximum Applicable Reservation and shall be maintained confidentially by Shipper and any Agent of Shipper. Shipper may disclose such rates only if such disclosure is required by law and Shipper requests confidential or privileged treatment Maximum Applicable Commodity Rates under applicable statutes, rules and regulations, and provides reasonable notice to Transporter prior to such disclosure. Any unauthorized disclosure of the rates stated herein shall have the effect of terminating from the date the discounted rate is disclosed any rate discounts reflected herein such that, for the remaining term of this Agreement, Shipper shall be required to pay Transporter the maximum applicable rate for FTS-l service, as well as all other charges, surcharges or direct xxxx applicable to such service. D. Shipper waives its right to segment its FTS-1 capacity during the term of this Agreement. E. If FTS-1 Agreement No. 24400 is terminated after one (1) year of service, this Agreement shall be amended to change the Primary Delivery Point to East Joliet only with a 100% load factor rate of $0.12 per dth inclusive of Volumetric Buyout/Buydown, GRI, Dakota and Transition Costs. In addition, Shipper will shall be charged ACA, fuel Transporter's Use, Dakota Surcharge, Transition Costs and any other related fees or surchargessurcharges under Transporter's FERC Gas Tariff. Date: March 20, 2003 Contract No.: 109019 F. During C. In addition, if one rate component which was at or below the November 1applicable Maximum Rate at the time this discount agreement was executed subsequently exceeds the applicable Maximum Rate due to a change in Transporter's Maximum Rates so that such rate component must be adjusted downward to equal the new applicable Maximum Rate, 1995 then other rate components may be adjusted upward to April 30achieve the agreed overall rate, 1996, October through April (1996 - 2000) and October 1-31, 2000 periods, Shipper can nominate up to 37,500 dth/day from Crystal Falls to either Monclova or East Joliet as long as the total combined nomination does not exceed 37,500 dth/day. DATE: OCTOBER 25, 1995 CONTRACT NO. 24950 G. Consistent with provisions of its Tariff, Transporter is willing to contract on Shipper's behalf for capacity required on third party transporters, or for other services to effectuate Shipper's receipt of gas on third party facilities and delivery of gas to Transporter's facilities. Shipper must advise Transporter prior to commencement of such third party transportation of its desire to have Transporter act in such a capacity. Shipper agrees to pay all charges related to such third party transportation arrangements pursuant to Transporter's Tariff. H. To the extent Shipper desires to utilize receipt/delivery points pursuant to Part 284 B (Section 311 none of the NGPA resulting rate components exceeds the Maximum Rate applicable to that rate component. Such changes to rate components shall be applied prospectively, commencing with the date a Commission Order accepts revised tariff sheet rates. However, nothing contained herein shall be construed to alter a refund obligation under applicable law for any period during which rates that had been charged under a discount agreement exceeded rates, which ultimately are found to be just and Section 284.102 of the Commission's regulations), Shipper must execute a separate agreement with Transporter and Shipper must also certify that the transportation of gas will be on behalf of either an "intrastate pipeline" or a "local distribution companyreasonable."

Further Agreement. A. The rate For the period April 1, 2000 through March 31, 2003, the rates for all quantities of gas transported on the Primary Route(s) up to the Primary Route MDQ(s) transportation under this Agreement shall will be the current FERC Tariff Rates in effect not to exceed a reservation rate of $0.15 1.4452 per dth on a 100% load factor basis inclusive of per month. These rates include Volumetric Buyout/Buydown, GRI, Dakota and Transition CostsCost Surcharges. In additionaddition to the rates stated above, Shipper will shall be charged ACAthe Minimum Commodity Rate, fuel ACA and any other related fees or surchargesTransporter's Use ("Fuel") in accordance with Transporter's FERC Gas Tariff, which is subject to change from time to time. Shipper shall not be responsible for GRI surcharges unless and to the extent that Transporter is required by the FERC to collect such charges from all similarly situated Shippers and remit such charges to GRI. B. If, for any reason, Transporter is prohibited from charging and/or collecting the revenues generated under this Agreement on the basis of the reservation and commodity rates set forth in Paragraph 8(A) above, then Transporter shall have the right to adjust (prospectively only) such reservation and/or commodity rates so as to enable Transporter to charge and collect the same level of revenues Transporter would have received as previously agreed between Transporter and Shipper. C. From time to time, dependent upon Transporter's Use percents, the MDQ's and MSQ under this Agreement, ETS Agreement 3200, ETS Agreement No. 102498 and FSS Agreement No. 34150 will be adjusted to allow Shipper to deliver and store sufficient fuel quantities to effectuate a 50-day storage withdrawal quantity of 126,106 dth at the specified Delivery Points with no change in the total charges under these services. D. All quantities associated with Secondary Receipt Points, Secondary Delivery Points, Points and Secondary Routes and the releases of the capacity under this Agreement will be at Maximum Tariff Rates plus all other related applicable fees, surcharges and fuel. C. Shipper and any Agent of Shipper agree that the rates stated herein shall be confidential and shall be maintained confidentially by Shipper and any Agent of Shipper. Shipper may disclose such rates only if such disclosure is required by law and Shipper requests confidential or privileged treatment under applicable statutes, rules and regulations, and provides reasonable notice to Transporter prior to such disclosure. Any unauthorized disclosure of the rates stated herein shall have the effect of terminating from the date the discounted rate is disclosed any rate discounts reflected herein such that, for the remaining term of this Agreement, Shipper shall be required to pay Transporter the maximum applicable rate for service, as well as all other charges, surcharges or direct xxxx applicable to such service. D. Shipper waives its right to segment its FTS-1 capacity during the term of this Agreement. E. If FTS-1 Agreement No. 24400 is terminated after one (1) year of service, this Agreement shall be amended to change the Primary Delivery Point to East Joliet only with a 100% load factor rate of $0.12 per dth inclusive of Volumetric Buyout/Buydown, GRI, Dakota and Transition Costs. In addition, Shipper will be charged ACA, fuel and any other related fees or surcharges. F. During the November 1, 1995 to April 30, 1996, October through April (1996 - 2000) and October 1-31, 2000 periods, Shipper can nominate up to 37,500 dth/day from Crystal Falls to either Monclova or East Joliet as long as the total combined nomination does not exceed 37,500 dth/day. DATE: OCTOBER 25, 1995 CONTRACT NO. 24950 G. Consistent with provisions of its Tariff, Transporter is willing to contract on Shipper's behalf for capacity required on third party transporters, or for other services to effectuate Shipper's receipt of gas on third party facilities and delivery of gas to Transporter's facilities. Shipper must advise has advised Transporter prior to commencement of such third party transportation of its desire to have Transporter act in such a capacity. Shipper agrees to pay all charges related to such third party transportation arrangements pursuant to Transporter's Tariff. H. F. To the extent Shipper desires to utilize receipt/delivery points pursuant to Part 284 B (Section 311 of the NGPA and Section 284.102 of the Commission's regulations), Shipper must execute a separate agreement with Transporter and Shipper must also certify that the transportation of gas will be on behalf of either an "intrastate pipeline" or a "local distribution company"."