MARKET CENTER SERVICE AGREEMENT Contract Identification MC11987
Exhibit
10.1
Contract
Identification MC11987
This
Market Center Service Agreement (MC Service Agreement) is entered into by Great
Lakes Gas Transmission Limited Partnership (Transporter) and TRANSCANADA GAS
STORAGE USA INC. (Shipper).
WHEREAS,
Shipper has requested Transporter to provide Market Center Services and
Transporter represents that it is willing to provide such Market Center Services
under the terms and conditions of this MC Service Agreement.
NOW,
THEREFORE, Transporter and Shipper agree that the terms below constitute the
Market Center Services to be provided and the rights and obligations of Shipper
and Transporter.
1.
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EFFECTIVE DATE: February 27,
2009
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2.
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CONTRACT IDENTIFICATION: MC11987
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3.
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RATE SCHEDULE:
MC
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4.
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SHIPPER TYPE:
Other
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5.
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STATE/PROVINCE OF
INCORPORATION: Delaware
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6.
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TERM:
March
01, 2009 to October 31, 2009, and then month to month thereafter unless
terminated by either party, upon a minimum of 30 days written
notice.
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7.
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EFFECT ON PREVIOUS
CONTRACTS:
This
Agreement supersedes, cancels and terminates, as of the effective date
stated above, the following contract(s):
N/A
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8.
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MAXIMUM DAILY QUANTITY
(Dth/Day):
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Begin
Date
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End
Date
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Point(s) of Primary
Receipt
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Point(s) of Primary
Delivery
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MDQ
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03/01/2009 | 10/31/2009 | All Locations | All Locations | 500,000 |
9.
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MAXIMUM QUANTITY (Dth):
N/A
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10.
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RATES:
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Unless
Shipper and Transporter have agreed to a rate other than the maximum rate,
rates shall be Transporter's maximum rates and charges plus all applicable
surcharges in effect from time to time under the applicable Rate Schedule
(as stated above) on file with the Commission unless otherwise agreed to
by the parties in writing. Provisions governing a rate other than maximum
shall be set forth in this Paragraph 10 and/or on Appendix A
hereto.
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The
actual rate(s) to be charged on any particular Gas Day shall be posted on
Great Lakes’ Web Site in accordance with Section 4.1 of Rate Schedule MC
of Great Lakes’ FERC Gas Tariff, Second Revised Volume No 1. Shipper’s
nomination for service under Rate Schedule MC shall evidence Shipper’s
acceptance of the actual rate(s) to be charged for the service being
nominated and shall obligate Shipper to pay all charges calculated using
those rates as applied to quantities
scheduled.
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11.
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POINTS OF RECEIPT AND
DELIVERY:
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Shipper
may nominate any receipt or delivery point on Transporter’s system as a
Market Center Point under this rate
schedule.
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12.
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INCORPORATION OF TARIFF INTO
AGREEMENT:
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This
MC Service Agreement shall incorporate and in all respects be subject to
the "General Terms and Conditions" and Rate Schedule MC set forth in
Transporter's FERC Gas Tariff, Second Revised Volume No. 1, as may be
revised from time to time. Transporter may file and seek Commission
approval under Section 4 of the Natural Gas Act (NGA) at any time and from
time to time to change any rates, charges or provisions set forth in Rate
Schedule MC and the "General Terms and Conditions" in Transporter's FERC
Gas Tariff, Second Revised Volume No. 1, and Transporter shall have the
right to place such changes in effect in accordance with the NGA, and this
MC Service Agreement shall be deemed to include such changes and any such
changes which become effective by operation of law and Commission Order,
without prejudice to Shipper's right to protest the
same.
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13.
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MISCELLANEOUS:
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No
waiver by either party to this MC Service Agreement of any one or more
defaults by the other in the performance of this MC Service Agreement
shall operate or be construed as a waiver of any continuing or future
default(s), whether of a like or a different character.
Any controversy between the parties arising
under this MC Service Agreement and not resolved by the parties shall be
determined in accordance with the laws of the State of
Michigan.
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14.
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OTHER
PROVISIONS:
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It
is agreed that no personal liability whatsoever shall attach to, be
imposed on or otherwise be incurred by any Partner, agent, management
official or employee of the Transporter or any director, officer or
employee of any of the foregoing, for any obligation of the Transporter
arising under this MC Service Agreement or for any claim based on such
obligation and that the sole recourse of Shipper under this MC Service
Agreement is limited to assets of the Transporter.
Upon termination of this MC Service
Agreement, Shipper's and Transporter's obligations to each other arising
under this MC Service Agreement, prior to the date of termination, remain
in effect and are not being terminated by any provision of this MC Service
Agreement.
Pursuant to Subsection 2.1(I) of Rate
Schedule MC, failure by Shipper to comply with notice from Transporter to
remove and/or return Gas within the time frame specified may result in the
termination of Shipper’s MC Service
Agreement.
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15.
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NOTICES AND
COMMUNICATIONS:
All notices and communications with respect to
this MC Service Agreement shall be in writing and sent to the addresses
stated below or at any other such address(es) as may be designated in
writing:
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ADMINISTRATIVE
MATTERS
Great
Lakes Gas Transmission Limited
Partnership
0000
Xxxxxxxxx Xxxxx
Xxxx,
XX 00000
Attn: Transportation
Services
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TRANSCANADA
GAS STORAGE U.S.A. INC.
000
0xx
Xxxxxx XX
Xxxxxxx,
XX X0X
0X0
Xxxxxx
Att: Xxxx
Xxxxx
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PAYMENT
BY ELECTRONIC TRANSFER
Great
Lakes Gas Transmission Limited
Partnership
Citibank,
NA, New York, NY
ABA
No: 000000000
Account
No: 3076-5207
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TRANSCANADA
GAS STORAGE U.S.A. INC.
Att:
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AGREED
TO BY:
GREAT
LAKES GAS TRANSMISSION
LIMITED
PARTNERSHIP
By:
Great Lakes Gas Transmission Company
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TRANSCANADA
GAS STORAGE U.S.A. INC.
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Operator
and Agent for Great Lakes Gas Transmission Limited
Partnership
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By: /s/ Xxxxxx X.
Xxxxxxx
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By: /s/ Xxxxxxx
Xxxxxxxx
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Xxxxxx X. Xxxxxxx
Title:
Director, Transportation Services
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Xxxxxxx Xxxxxxxx
Title:
Vice President, Gas Storage
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By: /s/ Xxxx
Xxxxxxxxx
Xxxx Xxxxxxxxx
Title:
Sr. Vice President, Power Commercial
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