16086
EXHIBIT 10.13(a)
NO NOTICE SERVICE AGREEMENT
PURSUANT TO SECTION 284, SUBPART "G" or "B"
between ▇▇▇▇ GATEWAY PIPELINE COMPANY, as KGPC, and
MISSISSIPPI VALLEY GAS COMPANY, as CUSTOMER
Rate Schedule NNS
Contract No.: 16086-10 Contract Date: November 01, 1993 Option SCO: No
CUSTOMER CORRESPONDENCE: CUSTOMER BILLING:
MISSISSIPPI VALLEY GAS COMPANY MISSISSIPPI VALLEY GAS COMPANY Primary Term: 101 month(s)
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▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Beginning 9:00 A.M. on: February 03, 2000
Attn. ▇▇▇▇ ▇▇▇▇▇▇▇
Attn. ▇▇. ▇▇▇▇▇ ▇. ▇▇▇▇
Telephone No.: (▇▇▇) ▇▇▇-▇▇▇▇ Thru 9:00 A.M. on: April 01, 2002
Telephone No.: (▇▇▇) ▇▇▇-▇▇▇▇
Seasonal Daily Contract Demand:
Fax No.: (▇▇▇) ▇▇▇-▇▇▇▇ Fax No.: (▇▇▇) ▇▇▇-▇▇▇▇ Winter Season: 123,750
Shoulder Months: 61,875
Summer Season: 43,312
Customer Service Department: Telephone No.: (▇▇▇) ▇▇▇-▇▇▇▇ Fax No.: (▇▇▇) ▇▇▇-▇▇▇▇
Customer's Dispatcher: ▇▇▇▇ ▇▇▇▇▇▇▇ Telephone No.: (▇▇▇) ▇▇▇-▇▇▇▇ Fax No.: (▇▇▇) ▇▇▇-▇▇▇▇
PRIMARY RECEIPT POINTS
Station Location Numbers Description Primary Point MDQ
Winter Season
--- SEE EXHIBIT A --- Shoulder Month Season
Winter Season
PRIMARY DELIVERY POINTS
Station Location Numbers Description Primary Point MDQ
Winter Season
--- SEE EXHIBIT B --- Shoulder Month Season
Winter Season
MAXIMUM STORAGE MAXIMUM DAILY INJECTION MAXIMUM DAILY WITHDRAWAL
QUANTITY (MSQ) QUANTITY (MDIQ) QUANTITY (MDWQ) 2/
Dekatherm Dekatherm Dekatherm
1,237,500 30,938 Winter Season : 51,875
Shoulder Month Season: 30,938
Summer Season: 21,656
(Additional Primary Receipt Points are subject to the provisions of Section 2(b)
of the NNS Rate Schedule may be continued on Exhibit A which is hereby
incorporated by references.)
(Additional Primary Delivery Points are subject to the provisions of Section
2(c) of the NNS Rate Schedule may be continued on Exhibit B which is hereby
incorporated by references.)
(ALL RECEIPT POINTS ARE AVAILABLE AS SUPPLEMENTAL RECEIPT POINTS)
1/ The MDIQ shall equal the Maximum Storage Quantity divided by (40) forty.
2/ The MDWQ cannot exceed the Seasonal Daily Contract Demand divided by (2) two
or quantity in storage.
Service hereunder is subject to Subpart G, Section 284,223, Title 18, of the
Code of Federal Regulations.
THE STANDARD TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE ARE INCORPORATED
HEREIN BY REFERENCE. IF YOU ARE IN AGREEMENT WITH THE FOREGOING, PLEASE INDICATE
IN THE SPACE PROVIDED BELOW.
KGPC Signature:
-s- [ILLEGIBLE]
Name [ILLEGIBLE] Title: Vice President Date: 2/9/00
CUSTOMER Signature:
-s- ▇▇▇▇▇ ▇▇▇▇▇▇
Name: ▇▇▇▇▇ ▇▇▇▇▇▇ Title: Executive V.P. Date: 2/2/00
NO NOTICE TERMS BELOW:
STANDARD TERMS & CONDITIONS
1. CONDITIONS OF SERVICE: Services provided hereunder are subject to and
governed by the applicable rate schedule and the General Terms and Conditions of
Gulf South's current tariff, as may be revised from time to time, or any
effective superseding tariff (Tariff) on file with the Federal Energy Regulatory
Commission (FERC). The Tariff is incorporated by reference. In the event of any
conflict between this Agreement and the Tariff, the Tariff shall govern as to
the conflict. Gulf South shall have the right to interrupt service under this
Agreement to the extent permitted by the Tariff.
2. NO NOTICE QUANTITY: Customer may deliver or cause to be delivered to Gulf
South at authorized firm Primary and Supplemental Receipt Points and Gulf South
agrees to accept at such point(s) quantities of natural gas for transportation
to No Notice Delivery Points up to the Seasonal Daily Contract Demand. The
Summer Season and Shoulder Month Daily Contract Demand shall not be less than
35% or 50% of the Winter Season Daily Contract Demand. Any variance between
monthly allocated receipts and deliveries shall be recorded as a storage
withdrawal or injection during such month except to the extent the Customer
executes a PAA. Customer may not withdraw from storage on a daily basis more
than 50% of its seasonal MDQ. Storage injections during the period April 1
through September 30 (Injection Period) shall be made on a uniform monthly basis
to the extent practicable up to the Customer's MSQ. Storage injections under
this service made after October 1 of each year shall only be subject to the same
injection schedule as FSS during periods when Gulf South has issued an
operational flow order due to operational constraints on its system which
prevent an NNS customer from making storage injections up to its MDIQ as defined
in section 2(g) of this rate schedule. Should CUSTOMER desire a change in the
Seasonal Daily Contract Demand. CUSTOMER shall notify Gulf South in writing of
the amount of the increase or decrease and of the date CUSTOMER desires the
change to become effective. If Gulf South advises it is not agreeable to the
changed quantities of gas requested in CUSTOMER's notice, the Contract Demand
shall remain unchanged. Gulf South shall review CUSTOMER's request within thirty
(30) days subject to the Tariff. Nothing herein shall require Gulf South to
install equipment or facilities for new or additional service.
3. QUALITY AND PRESSURE: The gas received and delivered hereunder shall be
merchantable and of a quality sufficient to meet the standards in the Tariff.
Gas delivered to Gulf South shall be at a delivery pressure adequate to enter
Gulf South's facilities and such pressure shall not exceed the Maximum Allowable
Operating Pressure. Gulf South shall not be obligated to maintain pressure in
excess of the contract delivery pressure shown in Exhibit B or the Maximum
Allowable Operating Pressure of Gulf South's system, as set by the appropriate
governmental agency, whichever is less.
4. TERM: This Agreement shall become effective as of 9:00 A.M. on the beginning
Primary Term Date and continue as stated on the face hereof and month to month
thereafter.
5. NNS CHARGES: CUSTOMER shall be obligated to pay Gulf South monthly for the
service provided under this Agreement.
6. PAYMENTS: Payment shall be made in compliance with the Tariff. Payments by
check shall be made to the remittance address indicated on Gulf South's invoice.
Payment by wire transfer shall be to a bank account designated by Gulf South.
7. WAIVER: No waiver by either party of any one or more defaults by the other in
the performance of any provisions of this Agreement shall operate or be
construed as a waiver of any future default(s), whether of a like or different
character.
8. APPLICABLE LAW: THE VALIDITY, CONSTRUCTION, INTERPRETATION AND EFFECT OF THIS
AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, THE PARTIES AGREE
THAT TEXAS' CHOICE OF LAW RULES MAY NOT BE USED TO DIRECT OR DETERMINE THAT SOME
OTHER STATES' LAW SHALL GOVERN A DISPUTE ARISING UNDER THIS AGREEMENT.
9. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon and inure to the
benefit of the respective heirs, representatives, successors and assigns of the
parties hereto. Except as provided in the General Terms and Conditions of the
Tariff, neither party may assign, pledge or otherwise transfer or convey its
rights, obligations or interests hereunder for any purpose without the prior
written consent of the other party, which consent shall not unreasonably be
withheld. Any assignment, pledge, transfer or conveyance in breach of this
provision is voidable by the non-breaching party.
10. FILINGS: Each party shall make and diligently prosecute, all necessary
filings with governmental bodies as may be required for the initiation and
continuation of the transportation service subject to this Agreement, as well as
inform and, upon request, provide copies to the other party of all filing
activities. Gulf South shall have the unilateral right to file with the
appropriate regulatory authority and make changes effective in (i) the filed
rates and charges applicable under this Rate Schedule, including both the level
and design of such rates and charges; and/or (ii) this Rate Schedule and the
General Terms and Conditions. Customer shall have the right to protest or
contest the aforementioned filings.
11. NOTICES: Routine communications and payments shall be considered delivered
when received by ordinary mail. Communications concerning scheduling,
curtailments, and changes in nominations shall be made via EDI or the Customer
Electronic System or by fax in the event of failure of Gulf South's or the
Customer's electronic communication system. CUSTOMER's Dispatcher on the face
hereof shall be the recipient on a twenty-four (24) hour basis of all notices
regarding scheduling, curtailments, and changes in nominations. Either party
shall immediately notify the other of any changes of the designated individuals
or addresses herein.
All Administration Notices and Accounting Matters:
Gulf South Pipeline Company
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Attention: Customer Service
