| DA26575 | The Rate set forth above is applicable to the receipt and delivery points (POI) listed below. For any delivered quantities on any day from receipt points not listed below located in MIDs 8 through 16B, Shipper shall pay an additional $0.40/Dth/day charge. In addition to the foregoing, for quantities delivered to non-primary delivery points, Shipper shall pay an additional (i) $0.40/Dth/day charge for deliveries to points located in MIDs 1 through 16A, except quantities may be delivered to the Pampa Pooling Point at the Rate set forth in paragraph 2.a. above provided the quantities are ultimately redelivered to Demarc on this Agreement. In addition to the foregoing, for quantities delivered to non-primary delivery points, Shipper shall pay an additional (i) $0.40/Dth/day charge for deliveries to points located in MIDs 1 through 16A; and (ii) charge equal to the higher of Northern's maximum tariff rate or the Platts "Gas Daily" spread between Midpoints for Northern, demarc and Waha, for any delivered quantities to Demarc or Demarc Def.-Delivery that in aggregate exceed the MDQ at Demarc. Notwithstanding the aforementioned, in the event of an outage on Northern's pipeline system that impacts the Shipper's ability to schedule any primary receipt and delivery points, Shipper may use, at the Rate set forth in paragraph 2.a. above, any quantity that does not exceed the Demarc MDQ less any quantities delivered to Demarc or Demarc Def.-Delivery for either (1) any Field Area receipt point located in MIDs 8 through 16A for delivery to Demarc or Demarc Def. -Delivery, or (2) any receipt point located in MIDs 1 through 7 for delivery to any Field Area delivery point not listed below located in MIDs 1 through 16A. |
| DA26576 | Primary Points Receipt Delivery 79530 PAMPA POOLING POINT 37654 NNG FIELD/MKT DEMARCATION -16B 79530 PAMPA POOLING POINT Alternate Points Receipt Delivery All Field Area MID 1 - MID 7 receipt points 62389 DEMARC DEF. - DELIVERY |
| DA26579 | The Rate set forth above is applicable to the receipt and delivery points (POI) listed below. For any delivered quantities on any day from receipt points located in MIDs 8-16B, Shipper shall pay an additional $0.40/Dth/day charge. In addition to the foregoing, for quantities delivered to non-primary delivery points, Shipper shall pay an additional (i) $0.40/Dth/day charge for deliveries to points located in MIDs 1-16B and (ii) charge equal to the higher of $0.40/Dth/day or the Platts "Gas Daily" spread between Midpoints for Demarc and Waha for any delivered quantities to Demarc or Demarc Deferred Delivery. Notwithstanding the aforementioned, in the event of an outage on Northern's pipeline system that impacts the Shipper's ability to schedule any primary receipt and delivery points, Shipper may use any Field Area receipt point located in MIDs 8-16A for delivery to El Paso Plains Del. 26, or any receipt point located in MIDs 1-7 for delivery to any Field Area delivery point not listed below located in MIDs 1-16A. |
| DA26580 | Primary Points Receipt Delivery 1504 ONEOK WESTEX SEAGRAVES 2618 EL PASO/NNG PLAINS 26 DEL Alternate Points Receipt Delivery All Field Area MID 1 - MID 7 receipt points 79398 AGUA BLANCA PECOS CO 57100 EL PASO/NNG WAHA 152 ONEOK WESTEX REEVES |
| DA26581 | The Rate set forth above is applicable to the receipt and delivery points (POI) listed below. For any delivered quantities on any day from receipt points not listed above located in MIDs 8 through 16B, Shipper shall pay the above "Rate" where in no event will [(D minus ((R plus I) divided by F)) times S] be less than $0.45. In addition to the foregoing, for quantities delivered to non-primary delivery points, Shipper shall pay an additional (i) $0.45/Dth/day charge for deliveries to points located in MIDs 1 through 16A, except quantities may be delivered to the Pampa Pooling Point at the Rate set forth in paragraph 2.a. above provided the quantities are ultimately redelivered to Demarc on this Agreement. In addition to the foregoing, for quantities delivered to non-primary delivery points, Shipper shall pay an additional (i) $0.45/Dth/day charge for deliveries to points located in MIDs 1 through 16A; and (ii) charge equal to the higher of Northern's maximum tariff rate or the Platts "Gas Daily" spread between Midpoints for Northern, demarc and Waha, for any delivered quantities to Demarc or Demarc Def.-Delivery that in aggregate exceed the MDQ at Demarc. Notwithstanding the aforementioned, in the event of an outage on Northern's pipeline system that impacts the Shipper's ability to schedule any primary receipt and delivery points, Shipper may use, at the Rate set forth in paragraph 2.a. above, any quantity that does not exceed the Demarc MDQ less any quantities delivered to Demarc or Demarc Def.- Delivery for either (1) any Field Area receipt point located in MIDs 8 through 16A for delivery to Demarc or Demarc Def. - Delivery, or (2) any receipt point located in MIDs 1 through 7 for delivery to any Field Area delivery point not listed below located in MIDs 1 through 16A. |
| DA26582 | Primary Points Receipt Delivery 79530 PAMPA POOLING POINT 37654 NNG FIELD/MKT DEMARCATION -16B 79530 PAMPA POOLING POINT Alternate Points Receipt Delivery All Field Area MID 1 - MID 7 receipt points 62389 DEMARC DEF. - DELIVERY |
| DA26603 | The discounted rates set forth above are applicable to the receipt and delivery points (POI) listed below. Shipper agrees that if any receipt or delivery points not listed below are used either on a primary or alternate basis, the discounted rates set forth above will not be applicable and Northern's maximum rates will apply for the entire contract MDQ during the month that any points not listed below are used. |
| DA26604 | Primary Points Receipt Delivery 186 EL PASO/NNG DUMAS 37654 NNG FIELD/MKT DEMARCATION -16B Alternate Points Receipt Delivery NONE 62389 DEMARC DEF. - DELIVERY |
| GL31263 | Pursuant to a legal name change, the Shipper name in this Agreement is changed from Conexus Energy, LLC to DRW Energy Trading LLC through the remaining term of the Agreement. |
| GLOSSRYR01 | Discount related to certain specified quantities under the service Agreement |
| GLOSSRYR04 | Discount during specified time periods |
| GLOSSRYR05 | Discount related to specified points of receipt, points of delivery, supply areas, transportation paths or defined geographical areas |
| GLOSSRYR06 | Discount in a specified relationship to quantities actually transported |
| GLOSSRYR07 | Total Rate for MDQ, allocated between reservation & commodity such that none of the rate components are above the maximum rate or below the minimum rate |
| GLOSSRYR15 | Rate is based on a formula. |
| GLOSSRYR54 | The rate includes all surcharges. |
| ID1Start | ID1 - The Contract Entitlement Start Time is 2:00 p.m. |
| JTW | TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH, THIS AGREEMENT. |
| Jury Waiver | TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH, THIS AGREEMENT. EACH PARTY FURTHER WAIVES ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. |
| JuryTrialWaiver | TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH, THIS AGREEMENT. EACH PARTY FURTHER WAIVES ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. |
| JuryWaiver Letter | TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH, THIS AGREEMENT. EACH PARTY FURTHER WAIVES ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. |
| JuryWaiver SMS | @@has_jury_trial_waiver@@TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH, THIS AGREEMENT. EACH PARTY FURTHER WAIVES ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. @@end@@ |
| JuryWaiverBase | @@has_jury_trial_waiver@@Other Provisions Permitted by Tariff Under the Applicable Rate Schedule and pursuant to Section 58 of the GENERAL TERMS AND CONDITIONS of Northern's FERC Gas Tariff: TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH, THIS AGREEMENT. EACH PARTY FURTHER WAIVES ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED.@@end@@ |
| QF5023 | The storage option for the Firm Storage Quantity is changed from 3-Step to 4-Step. |
| QF5030 | The storage option for the Firm Storage Quantity is changed from 4-Step to 3-Step. |
| R5405 | Shipper's charges in paragraph 2.a. above shall be reduced, in Northern's sole discretion, for any quantity that is unable to be delivered up to the MDQ. In the event of an outage on Northern's pipeline system that impacts the Shipper's ability to flow the primary receipt and delivery points, Shipper's rate will be reduced to zero for any primary quantity allocated in the Timely cycle or curtailed. Shipper's rate will not be reduced for any quantity that is ultimately rescheduled. |
| R5504 | Shipper's charges in paragraph 2.a. above shall be reduced, in Northern's sole discretion, for any quantity that is unable to be delivered up to the MDQ. In the event of an outage on Northern's pipeline system that impacts the Shipper's ability to flow the primary receipt and delivery points Shipper's rate will be reduced to zero for any primary quantity, including any affected contiguous path, allocated in the Timely cycle or curtailed. Shipper's rate will not be reduced for any quantity that is ultimately rescheduled. |
| R5646 | Notwithstanding IV. above, the Total Transaction Rate charged shall be as follows: The Total Transaction Charges for the months of January 2023 through October 2023 shall be $0.0000. The Total Transaction Rate for November 2023 shall use the formula: (i) January 2023 "Inside FERC's Gas Market Report" Monthly Bidweek Spot Gas Prices Index price for Northern, demarc minus (ii) November 2023 "Inside FERC's Gas Market Report" Monthly Bidweek Spot Gas Prices Index price for Northern, demarc plus (iii) $0.15 ("Formula Rate"). The Transaction charges for November 2023 shall be the Formula Rate multiplied by the Contract Total Quantity. Northern reserves the right to allocate the charges in paragraph 1. between the different rate components. |
| R5662 | g. If any primary points are realigned, Shipper shall pay an additional $0.30/Dth/day for the entire contract MDQ for the remaining term of the Agreement; however, Shipper and Northern may mutually agree to a realignment between points located in MIDs 1 through 7. Notwithstanding the aforementioned, the rate for such agreed upon realignment will be the Rate set forth in paragraph 2.a. above. |
| R5664 | f. If any primary points are realigned, Shipper shall pay an additional $0.30/Dth/day for the entire contract MDQ for the remaining term of the Agreement; however, Shipper and Northern may mutually agree to a realignment between points located in MIDs 1 through 16B provided the MDQ at MID 16B does not exceed 16,000 Dth/day. Notwithstanding the aforementioned, the rate for such agreed upon realignment will be the Rate set forth in paragraph 2.a. above. |
| R5667 | f. If any primary points are realigned, Shipper shall pay an additional $0.30/Dth/day for the entire contract MDQ for the remaining term of the Agreement; however, Shipper and Northern may mutually agree to a realignment between points located in MIDs 1 through 16B provided the MDQ at MID 16B does not exceed 15,600 Dth/day. Notwithstanding the aforementioned, the rate for such agreed upon realignment will be the Rate set forth in paragraph 2.a. above. |
| ResChrgCredits | Shipper waives its right to reservation charge credits under Section 22 of the General Terms and Conditions of Northern's FERC Gas Tariff. |
| RF5038 | The rollover charge per Dth shall be equal to the maximum rate; however, through 05/31/2028, the rollover charge per Dth shall be equal to $0.00 for any volume less than or equal to 5% of the contract FSQ on May 31 of each year. |
| RF5041 | The rollover charge per Dth shall be equal to the maximum rate; however, through 05/31/2028, the rollover charge per Dth shall be equal to $0.00 for any volume less than or equal to 5% of the contract FSQ on May 31 of each year. |
| RF5042 | The following Market-Based rates are applicable for 685,000 Dth of Firm Storage Quantity (FSQ): Reservation Charge - The reservation charge shall be equal to $3.2943 and shall be billed pursuant to the terms of Northern's FERC Gas Tariff. Capacity Charge - The capacity charge shall be equal to $0.6857 and shall be billed pursuant to the terms of Northern's FERC Gas Tariff. Injection Charge - The injection charge per Dth shall be equal to the maximum rate and shall be billed pursuant to the terms of Northern's FERC Gas Tariff. The injection charge in the Withdrawal Period shall equal the authorized overrun charge. Withdrawal Charge - The withdrawal charge per Dth shall be equal to the maximum rate and shall be billed pursuant to the terms of Northern's FERC Gas Tariff. Fuel - The FDD storage fuel rate shall be equal to the rate set forth in Northern's FERC Gas Tariff and shall be billed pursuant to the terms of Northern's FERC Gas Tariff. Authorized Overrun Charge - The authorized overrun charge shall be equal to the maximum rate and shall be billed pursuant to the terms of Northern's FERC Gas Tariff. Other rate provisions: If the Injection Charge and/or Withdrawal Charge are changed pursuant to the terms of this Agreement, the Reservation Charge and Capacity Charge shall be recalculated so that the total rate remains a 100% load factor annual cycle rate of $1.4107 per Dth, less the maximum injection and withdrawal rates, assuming 100% cyclical firm injection and withdrawal utilization. The allocation between the Reservation Charge and the Capacity Charge shall be in Northern's sole discretion. The withdrawal charge in the Injection Period shall equal the authorized overrun charge. Shipper shall pay the maximum rates and charges set forth in Northern's FERC Gas Tariff on the remaining FSQ (5,824,208 Dth). The rollover charge per Dth shall be equal to the maximum rate and shall be billed pursuant to the terms of Northern's FERC Gas Tariff. Provided, however, through 05/31/2028, the rollover charge per Dth shall be equal to $0.00 for any volume less than or equal to 5% of the contract FSQ on May 31 of each year. |
| RN5291 | Northern shall have the unilateral right upon providing 48 hours advance written notice to convert (Conversion Notice) this entitlement to maximum tariff rates. If Northern provides such notice, Shipper shall have the unilateral right to reduce the MDQ of this Agreement to 50 Dth/day by providing Northern written notice within 6 hours of the Conversion Notice. Any such reduction will be effective at Shipper's election as of the date of Shipper's written notice. Northern and Shipper may agree to realign rather than reduce the MDQ at an agreed upon rate. |
| RN5344 | The daily charge for the Contract MDQ shall be the MDQ multiplied by the "Rate." The "Rate" is the arithmetic value obtained from the formula [(D minus ((R plus I) divided by F)) times S times P], where (D) = the Midpoint price from Platts "Gas Daily" Northern, demarc; (R) = the Midpoint price from Platts "Gas Daily" Waha; (I) = $0.04; (F) = 1.0 less the applicable fuel percentage for deliveries to NNG Field MKT Demarcation - 16B (POI 37654) (Demarc) from Fuel Section 1; (S) = 0.9; and (P) = the actual % of MDQ scheduled on this Agreement, excluding any deliveries to the Pampa Pooling Point that are ultimately redelivered to Demarc on this Agreement. However, when calculating the "Rate," in no event will [(D minus ((R plus I) divided by F)) times S] be less than $0.05. The monthly charge will be the sum of all daily charges from the formula above. |
| RN5395 | The daily charge for the Contract MDQ shall be the MDQ multiplied by the "Rate." The "Rate" is the arithmetic value obtained from the formula [(D minus ((R plus I) divided by F)) times S times P] where (D) = the Index price from "Gas Daily" ICE El Paso, Plains Pool; (R) = the Midpoint price from "Gas Daily" Waha; (I) = $0.05; (F) = 1.0 less the applicable fuel percentage for deliveries to El Paso/NNG Plains 26 Del (POI 2618) from fuel Section 1; (S) = 0.90; and (P) = the actual % of MDQ scheduled on this Agreement. However, when calculating the "Rate," in no event will [(D minus ((R plus I) divided by F)) times S] be less than $0.02. The monthly charge will be the sum of all daily charges from the formula above. In the event component (D) in the formula above (Index price from "Gas Daily" ICE El Paso, Plains Pool) is not published on a day; Northern and Shipper may mutually agree on a daily price to be used in place of the index associated with (D) above. In the event Northern and Shipper are unable to agree on the daily price, in place of the index associated with (D) above, (D) will be equal to the greater of the Midpoint price of "Gas Daily" El Paso, San Juan; "Gas Daily" ANR, Okla.; or "Gas Daily" Panhandle, Tx.-Okla. |
| RN5396 | f. Northern shall have the unilateral right upon providing 48 hours advance written notice (Conversion Notice) to convert the Rate for this entitlement to $0.75/Dth/day. If Northern provides such notice, Shipper shall have the unilateral right to reduce the MDQ of this Agreement to 50 Dth/day by providing Northern written notice within 6 hours of the Conversion Notice. Any such reduction will be effective at Shipper's election as of the date of Shipper's written notice. Northern and Shipper may agree to realign rather than reduce the MDQ at an agreed upon rate. |
| RN5411 | The daily charge for the Contract MDQ shall be the MDQ multiplied by the "Rate." The "Rate" is the arithmetic value obtained from the formula [(D minus ((R plus I) divided by F)) times S times P], where (D) = the Midpoint price from Platts "Gas Daily" Northern, demarc; (R) = the Midpoint price from Platts "Gas Daily" Waha; (I) = $0.04; (F) = 1.0 less the applicable fuel percentage for deliveries to NNG Field MKT Demarcation - 16B (POI 37654) (Demarc) from Fuel Section 1; (S) = 0.9; and (P) = the actual % of MDQ scheduled on this Agreement, excluding any deliveries to the Pampa Pooling Point that are ultimately redelivered to Demarc on this Agreement. However, when calculating the "Rate," in no event will [(D minus ((R plus I) divided by F)) times S] be less than $0.05. The monthly charge will be the sum of all daily charges from the formula above. |
| RR5040 | Shipper shall pay the maximum tariff rates and charges plus all applicable surcharges in effect from time to time under the FDD Rate Schedule, except the rollover charge per Dth shall be equal to $0.00 for any volume less than or equal to 5% of the contract FSQ on May 31 of each year through 05/31/2027. |
| RR5043 | The rollover charge per Dth shall be equal to the maximum rate; however, through 05/31/2028, the rollover charge per Dth shall be equal to $0.00 for any volume less than or equal to 5% of the contract FSQ on May 31 of each year. |
| RR5047 | Shipper shall pay the maximum tariff rates and charges plus all applicable surcharges in effect from time to time under the FDD Rate Schedule, except the rollover charge per Dth shall be equal to $0.00 for any volume less than or equal to 5% of the contract FSQ on May 31 of each year through 05/31/2028. |
| RR5049 | Shipper shall pay the maximum tariff rates and charges plus all applicable surcharges in effect from time to time under the FDD Rate Schedule, except the rollover charge per Dth shall be equal to $0.00 for any volume less than or equal to 5% of the contract FSQ on May 31 of each year through 05/31/2028. |
| RR5053 | For the quantities and terms set forth in the Appendix A attached hereto, Shipper shall pay the maximum tariff rates and charges plus all applicable surcharges in effect from time to time under the FDD Rate Schedule, except the rollover charge per Dth shall be equal to $0.00 for any volume less than or equal to 5% of the contract FSQ on May 31 of each year through 05/31/2028. |
| TR5259 | Northern and Shipper may mutually agree to extend the term of this Agreement; provided, Northern tenders an Amendment no later than 06/23/2023 and Shipper executes and returns the Amendment to Northern. The rate, quantity and term for the extension period Amendment may be different than the rate, quantity and term in effect during the primary term. If the parties do not reach agreement, Northern will provide Shipper a written firm offer by 06/21/2023, including the rate, quantity, term, and date by which the offer must be accepted in writing and received by Northern. If Shipper does not accept Northern's offer in writing by the date contained within the offer, this Agreement shall terminate effective 06/30/2023. |