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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 Sellers Injection Use, for Storage up to the Maximum Storage Quantity or Storage Overrun Quantity, and Seller agrees to receive, store and redeliver at Customers 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 Sellers 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:
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:
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.
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EXHIBIT "A" to Agreement between Honeoye Storage Corporation and ____________________(Customer) Dated ____________________
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