FORM OF ISS SERVICE AGREEMENT

(For Use Under Seller's Rate Schedule ISS )

THIS AGREEMENT entered into as of the ____ day of_________ by and between Honeoye Storage Corporation, a New York corporation, hereinafter referred to as "Seller," and __________________ , hereinafter referred to as "Customer".

WITNESSETH

WHEREAS, Customer has requested Seller to store Gas on its behalf; and

WHEREAS, Seller may from time to time have sufficient storage capacity available to provide Interruptible Storage Service for Customer on the terms specified herein;

NOW, THEREFORE, Seller and Customer agree as follows:

ARTICLE I

STORAGE SERVICE

I. Seller's service hereunder shall be subject to receipt of all requisite regulatory authorizations from the Federal Energy Regulatory Commission ("Commission"), or any successor regulatory authority, and any other necessary governmental authorizations, in a manner and form acceptable to Seller.

2. Subject to the terms and provisions of this Agreement, Customer may deliver or cause Gas to be delivered to Seller on an interruptible basis, up to the Maximum Daily Injection Quantity, plus Seller’s Injection Use, for Storage up to the Maximum Storage Quantity or Storage Overrun Quantity, and Seller agrees to receive, store and redeliver at Customer’s request Equivalent Quantities of Gas to or for the account of Customer, on an interruptible basis, up to the Maximum Daily Withdrawal Quantity, reduced by Seller’s Withdrawal Use, all as set forth on Exhibit A attached hereto.

3. Seller, if requested by Customer, may inject or withdraw from storage daily quantities in excess of the Maximum Daily Injection Quantity or Maximum Daily Withdrawal Quantity specified in Exhibit A above if it can do so without adverse effect on Seller's operations or its ability to meet its higher priority obligations as specified in Paragraph 10 of the General Terms and Conditions.

ARTICLE II

POINT OF INJECTION/WITHDRAWAL

1. Customer shall deliver or cause to be delivered Gas hereunder at the Point of Injection/Withdrawal.

2. Seller shall Tender to or for the account of Customer, Equivalent Quantities of Gas stored hereunder, at the Point of Injection/Withdrawal.

ARTICLE III

TERM OF AGREEMENT

1. This Agreement shall be effective for an initial period as of the date first written above until ___________, and ____________ to _______________thereafter, until terminated by Seller or Customer upon ____________ prior written notice to the other specifying a termination date at the end of such period or any successive period thereafter. The period of service hereunder shall be from ____________ until the termination of this Agreement.

ARTICLE IV

RATE SCHEDULE AND CHARGES

1. Each Month, Customer shall pay Seller for the service hereunder, an amount determined in accordance with Seller's Rate Schedule ISS and the applicable provisions of the General Terms and Conditions of Seller's FERC Gas Tariff, Original Volume No. 2, as filed with the Commission. Such Rate Schedule and General Terms and Conditions are incorporated by reference and made a part hereof. Sections IV & V of Exhibit A hereto sets forth the applicable information as follows, which shall be utilized for transactions hereunder:

a. Rates and Charges

b. Additional charges which are applicable.

Exhibit A to the Service Agreement shall specify the Rates and Charges and additional Charges which are applicable. When the level of any additional Charges is changed pursuant to Commission authorization or direction, Seller may unilaterally effect an amendment to Exhibit A to reflect such changes) by so specifying in a written communication to Customer.

2. It is further agreed that Seller may seek authorization from the Commission and/or other appropriate body for such changes to any rates, terms and conditions set forth herein in Rate Schedule ISS or in the General Terms and Conditions of Seller's FERC Gas Tariff, as may be found necessary to assure Seller just and reasonable rates. Nothing herein contained shall be construed to deny Customer any rights it may have under the Natural Gas Act, as amended, including the right to participate fully in rate proceedings by intervention or otherwise to contest Seller's filing in whole or in part.

3. Further Agreement:

(Write None or specify the agreement).

ARTlCLE V

NOTICE

1. Except as may be otherwise provided, any notice, request, demand, statement or bill provided for in this Agreement or any notice which a party may desire to give the other shall be in writing and mailed by regular mail, effective as of the postmark date, to the post office address of the party intended to receive the same, as the case may be, as follows:

Seller: Honeoye Storage Corporation
4511 Egypt Road
Canandaigua, NY 14424
Copy to: Honeoye Storage Corporation
C/O EHA, L.L.C.
55 Union Street
Boston, Massachusetts 02108
Customer: ____________________________
____________________________
____________________________
____________________________
   

ARTICLE VI

INCORPORATION BY REFERENCE

The provisions of Rate Schedule ISS and the General Terms and Conditions of Seller's FERC Gas Tariff, original Volume No. 1a, as may be modified from time to time, are specifically incorporated herein by reference and made a part hereof.

ARTICLE VII

MISCELLANEOUS

1. This Agreement supersedes and cancels the following contract between the parties hereto effective_____________________ :

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their respective officers or Representatives thereunto duly authorized.

HONEOYE STORAGE CORPORATION
By: ____________________________
Its:____________________________
 
 
______________________________
(Customer)
By: ____________________________
Its:____________________________
 

 

EXHIBIT "A"

to

Agreement between

Honeoye Storage Corporation

and

____________________(Customer)

Dated ____________________


I. MAXIMUM DAILY INJECTION QUANTITY (MDIQ) _____________ (Dth/d)
II. MAXIMUM DAILY WITHDRAWAL QUANTITY (MDWQ) _____________ (Dt/d)
III. MAXIMUM STORAGE QUANTITY (MSQ) _____________ (MDth)
IV. STORAGE OVERRUN QUANTITY _____________ (Dth)
V. RATES AND CHARGES (monthly)
  Capacity Reservation Rate $________ per Dth/mo
  Injection Rate $________ per Dth
  Withdrawal Rate $________ per Dth
  Inventory Charge $________ per Dth/day
  Late Withdrawal Charge $________ per Dth/day
  Overrun Storage Commodity Rate $________ per Dth/day
VI. ADDITIONAL CHARGES - Pursuant to Section 5 of Rate Schedule ISS
VII. INJECTION AND WITHDRAWAL USE CHARGES