TRANSPORTATION SERVICE AGREEMENT Contract Identification IT11986
Exhibit
10.2
Contract
Identification IT11986
This
Transportation Service Agreement (Agreement) is entered into by Great Lakes Gas
Transmission Limited Partnership (Transporter) and TRANSCANADA GAS STORAGE USA
INC. (Shipper).
WHEREAS,
Shipper has requested Transporter transport Gas on its behalf and Transporter
represents that it is willing to transport such Gas under the terms and
conditions of this Agreement.
NOW,
THEREFORE, Transporter and Shipper agree that the terms below constitute the
transportation service to be provided and the rights and obligations of Shipper
and Transporter.
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1.
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EFFECTIVE DATE: February
27, 2009
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2.
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CONTRACT IDENTIFICATION:
IT11986
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3.
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RATE SCHEDULE:
IT
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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): 100,000
Please
see Appendix A for further
detail.
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9.
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RATES:
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 9 and/or on Appendix B
hereto.
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10.
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POINTS OF RECEIPT AND
DELIVERY: The primary receipt and delivery
points are set forth on Appendix
A. |
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11.
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RELEASED CAPACITY:
N/A
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12.
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INCORPORATION OF TARIFF INTO
AGREEMENT:
This
Agreement shall incorporate and in all respects be subject to the "General
Terms and Conditions" and the applicable Rate Schedule (as stated above)
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 the applicable Rate Schedule (as stated above) 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 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:
No waiver by
either party to this Agreement of any one or more defaults by the other in
the performance of this 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 Agreement and not
resolved by the parties shall be determined in accordance with the laws of
the State of Michigan.
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15.
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OTHER
PROVISIONS:
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 Agreement or for any claim based on such obligation and
that the sole recourse of Shipper under this Agreement is limited to
assets of the Transporter.
Upon
termination of this Agreement, Shipper's and Transporter's obligations to
each other arising under this Agreement, prior to the date of termination,
remain in effect and are not being terminated by any provision of this
Agreement.
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16.
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NOTICES AND
COMMUNICATIONS:
All
notices and communications with respect to this 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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00
XXXXXXXX
X
Xxxxxxxx
Xxxxxxxxxxxxxx XX00000
Date:
February 27,
2009
Supersedes
Appendix Dated: Not
Applicable
Shipper:
TRANSCANADA GAS STORAGE U.S.A. INC.
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 | 100,000 |
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