TRANSPORTATION SERVICE AGREEMENT Contract Identification FT8945
|
|
Exhibit
10.1
|
|
|
Contract
Identification FT8945
|
This Transportation Service Agreement
(Agreement) is entered into by Great Lakes Gas Transmission Limited
Partnership (Transporter) and TRANSCANADA PIPELINES LIMITED
(Shipper).
WHEREAS, Shipper has requested
Transporter to transport Gas on its behalf and Transporter represents that it is
willing to transport 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.
|
1.
|
EFFECTIVE DATE: February
01, 2008
|
|
2.
|
CONTRACT IDENTIFICATION:
FT8945
|
|
3.
|
RATE SCHEDULE:
FT
|
|
4.
|
SHIPPER TYPE:
Other
|
|
5.
|
STATE/PROVINCE OF
INCORPORATION: Canada
|
|
6.
|
TERM: November 01, 2008
to October 31, 2009
|
|
7.
|
EFFECT ON PREVIOUS
CONTRACTS:
|
|
|
This
Agreement supersedes, cancels and terminates, as of the effective date
stated above, the following contract(s):
N/A
|
|
8.
|
MAXIMUM DAILY QUANTITY
(Dth/Day): 100,000
|
|
|
Please
see Appendix A for further detail.
|
|
9.
|
RATES:
|
|
|
Unless
Shipper and Transporter have agreed to a Discounted Rate, pursuant to
Section 19.2 of the General Terms and Conditions, or to a Negotiated Rate,
pursuant to Section 4.5 of the Rate Schedule named above, 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 Discounted Rate shall be set
forth in this Paragraph 9. Provisions governing a Negotiated Rate shall be
set forth on Appendix B hereto.
|
|
10.
|
POINTS OF RECEIPT AND
DELIVERY:
|
|
|
The
primary receipt and delivery points are set forth on Appendix
A.
|
|
11.
|
RELEASED
CAPACITY:
|
|
|
N/A
|
|
12.
|
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.
|
|
13.
|
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 render this Agreement and not
resolved by the parties shall be determined in accordance with the laws of
the State of Michigan.
|
|
14.
|
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.
|
|
15.
|
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:
|
| ADMINISTRATIVE MATTERS | ||
| Great Lakes Gas Transmission Limited | TRANSCANADA PIPELINES LIMITED | |
| Partnership | 000 - 0xx Xxxxxx X.X. | |
| 5250 Corporate Drive | Calgary, AB T2P 5H1 | |
|
Xxxx,
XX 00000
|
Canada | |
| Attn: Transportation Services | Attn: Xxxxx Xxxxxx |
| PAYMENT BY ELECTRONIC TRANSFER | ||
| Great Lakes Gas Transmission Limited | TRANSCANADA PIPELINES LIMITED | |
| Partnership | Attn: Xxxxx Xxxxxxxx | |
| JPMorgan Chase Bank, Detroit, MI | ||
| ABA No: 000000000 | ||
| Account No: 07308-43 |
|
|
AGREED
TO BY:
|
|
GREAT
LAKES GAS TRANSMISSION
|
||
|
LIMITED
PARTNERSHIP
|
||
|
By:
Great Lakes Gas Transmission Company
|
TRANSCANADA PIPELINES LIMITED | |
| Operator and Agent for Great Lakes Gas | ||
| Transmission Limited Partnership | ||
| By: /s/ Xxxxxx Xxxxx | By: /s/ Xxxxx Xxxxxx | |
| Xxxxxx Xxxxx | Xxxxx Xxxxxx | |
| Title: Director, Marketing & Business | Title: Vice President, Commercial East | |
| Operations | Canadian Pipelines | |
| By: /s/ Xxx Xxxxxxx | ||
| Xxx Xxxxxxx | ||
| Title: Senior Vice President, Canadian and | ||
| Eastern U.S. Pipelines |
APPENDIX
A
Contract
Identification FT8945
Date:
February 01.
2008
Supersedes
Appendices Dated: Not
Applicable
Shipper:
TRANSCANADA PIPELINES LIMITED
Maximum
Daily Quantity (Dth/Day) per Location:
|
Begin
Date
|
End
Date
|
Point(s)
of Primary Receipt
|
Point(s)
of Primary Delivery
|
MDQ
|
(MAOP)
|
|
11/01/2008
|
10/31/2009
|
XXXXXXX
|
100,000
|
974
|
|
|
11/01/2008
|
10/31/2009
|
ST.
CLAIR
|
100,000
|
974
|
