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Natural Gas Pipeline Company of
Agreement No. 133736
This Firm Transportation Rate Discount Agreement (“Agreement”) is made and entered into effective this 20 th day of November, 2006, by and between Natural Gas Pipeline Company of America (“Natural”) and E Energy Adams LLC (“Shipper”).
2.1 General Discount Limitations . The Discounted Monthly Base Reservation Rate shall apply only to: (i) service provided to Shipper by Natural under the Transportation Agreement from the Discounted Receipt Points to the Discounted Delivery Points during the Discount Term; and (ii) a maximum daily firm transportation quantity equal to the Discounted Firm Transportation Quantity set forth in Section 1.4 above, for all quantities transported on a firm basis under the Transportation Agreement and any associated capacity release replacement agreements. Shipper shall be charged all applicable maximum rates, charges, and surcharges set forth in Natural’s FERC Gas Tariff, as may be revised from time to time, for any aggregate quantities transported a firm basis for Shipper and any associated capacity release replacement shippers which: (i) are in excess of the Discounted Firm Transportation Quantity, or (ii) involve any receipt or delivery points which are not Discounted Receipt or Delivery Points.
2.2 Discountable Third Party Surcharges . From time to time, certain reservation and/or commodity surcharges may be approved by the FERC for inclusion in Natural’s FERC Gas Tariff which Natural is: (i) required to collect from Shipper and remit to the FERC or to another third party; and (ii) permitted to discount the amount of such surcharge from the applicable maximum rate set forth in Natural’s FERC Gas Tariff (“Discountable Third Party Surcharges”). Natural shall discount any particular Discountable Third Party Surcharge to the maximum extent permitted under the provisions of Natural’s FERC Gas Tariff. Shipper shall only be responsible for payment to Natural of any portion of such Discountable Third Party Surcharge which Natural is not permitted to discount and for which Natural bills Shipper.
2.3 Applicable Maximum Rates, Charges and Surcharges . Unless otherwise expressly provided in this Agreement or agreed to in writing by Natural, all applicable maximum rates, charges, surcharges, and penalties of any nature set forth in Natural’s FERC Gas Tariff, as may be revised from time to time, shall apply to service provided to Shipper under the Transportation Agreement, including without limitation all applicable: (i) Fuel and Gas Lost and Unaccounted For charges; (ii) authorized and unauthorized overrun charges; (iii) reservation surcharges; (iv) commodity rates, charges and surcharges; (v) ACA surcharges; and (vi) gathering charges, offshore charges, and lateral line charges.
3.1 Applicable Maximum and Minimum Tariff Rates . Notwithstanding any other provision of this Agreement, in no event shall the discounted rates billed by Natural be less than the applicable minimum rate or more than the applicable maximum rate set forth in Natural’s FERC Gas Tariff, as may be revised fro