| DA28989 | The Rate set forth above is applicable to the receipt and delivery points (POI) listed below. For any delivered quantities from alternate receipt points in MIDs 8 through 16A, Shipper shall pay an additional $0.40/Dth/day charge. In addition to the foregoing, Shipper shall pay the higher of an additional (i) $0.40/Dth/day charge or (ii) a daily charge per dekatherm equal to the Midpoint price of Platts Gas Daily Panhandle, Tx.-Okla. less Waha for any delivered quantities from alternate receipt points located in MIDs 1 through 7. For any delivered quantities on any day to points not listed below in MIDs 1 through 16A, Shipper shall pay an additional $0.40/Dth/day charge. In addition to the foregoing, Shipper shall pay the higher of an additional (i) $0.40/Dth/day charge or (ii) a daily charge per dekatherm equal to the Platts Gas Daily spread between Midpoints for Northern, demarc and Panhandle, Tx.-Okla. for quantities delivered 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 8 through 16A for delivery to any Field Area delivery point not listed below located in MIDs 1 through 16A. |
| DA28990 | Primary Points Receipt Delivery 173 PEPL/NNG MULLINVILLE 37654 NNG FIELD/MKT DEMARCATION -16B Alternate Points Receipt Delivery NONE 62389 DEMARC DEF. - DELIVERY |
| DA29025 | 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. |
| DA29026 | Primary Points Receipt Delivery 1318 TBPL/NNG BEATRICE 37654 NNG FIELD/MKT DEMARCATION -16B Alternate Points Receipt Delivery NONE 62389 DEMARC DEF. - DELIVERY |
| DA29027 | 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. |
| DA29028 | Primary Points Receipt Delivery 1318 TBPL/NNG BEATRICE 37654 NNG FIELD/MKT DEMARCATION -16B Alternate Points Receipt Delivery NONE 62389 DEMARC DEF. - DELIVERY |
| DA29031 | 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. |
| DA29032 | Primary Points Receipt Delivery 1318 TBPL/NNG BEATRICE 37654 NNG FIELD/MKT DEMARCATION -16B Alternate Points Receipt Delivery NONE 62389 DEMARC DEF. - DELIVERY |
| DA29035 | 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. |
| DA29036 | Primary Points Receipt Delivery 1318 TBPL/NNG BEATRICE 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. |
| GL33970 | Pursuant to the assignment by and between BP Energy Company and BP Canada Energy Marketing Corp. and the Federal Energy Regulatory Commission order in BP Energy Company, 183 FERC ¶ 61,175 (2023), this Agreement is amended to reflect the full and unconditional assignment of same from BP Canada Energy Marketing Corp. to BP Energy Company. |
| 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 |
| GLOSSRYR109 | Contract has been filed as a non-conforming service agreement (see tariff filing). |
| GLOSSRYR15 | Rate is based on a formula. |
| GLOSSRYR54 | The rate includes all surcharges. |
| 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@@ |
| N5009 | Governing law; Jurisdiction; Consent to Suit. (A) This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska, without reference to choice of law doctrine or conflict of laws principles and without regard to the United Nations Convention on Contracts for the International Sale of Goods. (B) Without prejudice to Northern's right to bring suit in any appropriate domestic or foreign jurisdiction, any proceeding to enforce this Agreement may be brought by Northern in any state or federal court of competent jurisdiction in the State of Nebraska of the United States of America or in any other competent jurisdiction where Shipper or any of its property may be found. Shipper hereby irrevocably waives any present or future objection to any such venue, and irrevocably consents and submits unconditionally to the non-exclusive jurisdiction for itself and in respect of any of its property of any such court. Shipper further agrees that final judgment against it in any such action or proceeding arising out of or relating to this Agreement shall be conclusive and may be enforced in any other competent jurisdiction within or outside the United States of America by suit on the judgment. (C) Prior to execution of this Agreement by Northern, Shipper shall irrevocably designate and appoint CSC-Lawyers Incorporating Service Company (CSC), 233 South 13th Street, Suite 1900, Lincoln, NE 68508 as its authorized agent to receive, accept and acknowledge on its behalf service of process in any proceeding under this Agreement, and shall provide Northern with evidence of the prepayment in full of the fees of such agent, in a form satisfactory to Northern. Shipper agrees that service of process, writ, judgment or other notice of legal process upon said agent shall be deemed and held in every respect to be effective personal service upon it. Shipper shall maintain such appointment (or that of a successor satisfactory to Northern) continuously in effect at all times while Shipper is obligated under this Agreement or any replacement Agreement. Nothing herein shall affect Northern's right to serve process in any other manner permitted by applicable law. (D) Northern shall have the option in its sole discretion to refer any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof, including any dispute concerning the scope of this arbitration clause, for final settlement by arbitration. Such arbitration proceedings shall be conducted in accordance with the Rules of Arbitration of the International Chamber of Commerce by a panel of three arbitrators appointed in accordance with said Rules, one appointed by Northern, one appointed by Shipper, and the third arbitrator jointly appointed by the other two arbitrators. The neutral arbitrator shall act as chairperson. In no event shall Shipper be entitled to invoke arbitration pursuant to this subsection or otherwise. Upon Shipper's receipt of a notice from Northern of its election to settle by arbitration any such dispute, controversy or claim pursuant to this subsection, Shipper shall be obligated to settle such dispute, controversy or claim in arbitration as provided in this subsection. Shipper hereby irrevocably waives any present or future objection to any such venue, and irrevocably consents and submits unconditionally to the non-exclusive jurisdiction for itself and in respect of any of its property of any arbitral panel appointed in accordance with this subsection. Arbitral awards shall be rendered within nine (9) months of the commencement of the arbitration, unless such time limit is extended by the arbitrators. Consistent with the expedited nature of arbitration, pre-hearing information exchange shall be limited to the reasonable production of relevant, non-privileged documents explicitly referred to by a party for the purpose of supporting relevant facts presented in its case, carried out expeditiously. The place of the arbitration shall be Omaha, Nebraska, U.S.A. The language of the arbitration shall be English. In an action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys' fees. |
| OR5100 | Shipper waives its right to reservation charge credits under Section 22 of the General Terms and Conditions of Northern's tariff. |
| OR5147 | During maintenance events in July 2025 that affect primary points in this Agreement, Northern, at its sole discretion, upon at least 40 hours' notice prior to the start of the affected Gas Day, will direct Shipper to reduce the point quantity at the affected points. Shipper shall reduce MDQ at the points affected by the outage or, realign to mutually agreeable points. |
| 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. |
| R5728 | e. 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. Notwithstanding the aforementioned, the rate for such agreed upon realignment will be the Rate set forth in paragraph 2.a. above. |
| RN5493 | 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" Panhandle, Tx.-Okla.; (I) = $0.10; (F) = 1.0 less the applicable fuel percentage for deliveries to NNG Field MKT Demarcation - 16B (POI 37654) (Demarc) from the fuel section of the primary receipt point(s); (S) = 0.90; and (P) = the actual % of MDQ scheduled on this contract except in the event [(D minus ((R plus I) divided by F)) times S] is equal to or greater than $0.20 then "P" will be equal to 1.0. However, when calculating the "Rate," in no event will [(D minus ((R plus I) divided by F)) times S] be less than $0.07. The monthly charge will be the sum of all daily charges from the formula above. |
| TR5339 | Northern and Shipper may mutually agree to extend the term of this Agreement; provided, Northern tenders an Amendment no later than 07/25/2025 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 07/23/2025, 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 07/31/2025. |