NEGOTIATED RATE PROVISIONS
(Pursuant to Section 3.7 of Rate Schedule TF-1)
The negotiated rate for service hereunder is comprised of the following components:
1. Shipper will pay Transporter a monthly fee of $1,667 for the ongoing Operation and Maintenance attributable to the Delivery Facilities. This charge will be payable on or before the twenty-fifth (25th) day of each month and continue through the term of this Agreement. If Shipper fails to make payment of such invoice(s) within thirty (30) days of the initial invoice date, interest shall accrue on the unpaid portion of the billing(s) at the then applicable FERC Refund Interest Rate, including the collection of any reasonable attorney's fees, which may be incurred in collection of any payments due.
2. Annually, Shipper will reimburse Transporter for all otherwise un-recovered capital expenditures incurred for repairs, and/or any modifications that are made to the Delivery Facilities as a result of any laws, rules, regulations and orders of any duly constituted authority having jurisdiction.
3. In the event FERC ever requires an allocation of non-Delivery Facilities costs to Transportation service hereunder, such allocated costs will be fully reimbursed by Shipper on a monthly basis, pursuant to the payment procedure set forth in paragraph 1 above.
4. For all scheduled nominations under this Agreement involving a receipt and/or delivery point not located on the Delivery Facilities, Shipper will pay a rate equivalent to the then Maximum Currently Effective rate for Rate Schedule TF-1 service under Transporter's Tariff.