| DA23078 | 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. |
| DA23079 | Primary Points Receipt Delivery 1318 TBPL/NNG BEATRICE 37654 NNG FIELD/MKT DEMARCATION -16B Alternate Points Receipt Delivery NONE 62389 DEMARC DEF. - DELIVERY |
| 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 |
| GLOSSRYR54 | The rate includes all surcharges. |
| GP6309 | a. The discounted rates above are subject to the use of this PDD Transaction with transportation Contract No. 137517 in January 2021 and transportation Contract No. 137518 in May 2021. If any other transportation contracts are scheduled into or out of this PDD Transaction, the discounted rates will not be applicable and Northern's maximum rates will apply for the full term of this Transaction. b. In no event shall the rates exceed the maximum rate or be less than the minimum rate authorized under Northern's FERC Gas Tariff, as revised from time to time. In the event the rates agreed to pursuant hereto are or become greater than the maximum or less than the minimum under Northern's FERC Gas Tariff, as revised from time to time, then Shipper agrees that Northern will immediately decrease the rate(s) herein down to the maximum or increase the rate(s) herein up to the minimum. In such event, other rate components may be adjusted upward or downward to achieve the agreed-upon overall rate, provided that the resulting rate component shall not exceed the maximum rate or be below the minimum rate applicable to the rate component. |
| 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. |
| 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@@ |