Contract No. 551593
FIRM TRANSPORTATION SERVICE AGREEMENT
(APPLICABLE TO RATE SCHEDULE FT)
This Agreement ("Agreement"), is made and entered into by ▇▇▇▇▇▇ ▇▇▇▇▇▇
Interstate Gas Transmission LLC, a Colorado corporation ("Transporter") and by
the Party(s) named in Article XIII ("Shipper").
In consideration of the premises and of the mutual covenants, the
parties do agree as follows:
ARTICLE I
SCOPE OF AGREEMENT
Subject to the terms, conditions and limitations hereof and of
Transporter's Rate Schedule FT, Transporter agrees to receive from, or for the
account of, Shipper for transportation on a firm basis quantities of natural gas
tendered by Shipper on any day at the Primary Receipt Point(s) up to the
applicable Maximum Daily Receipt Quantity for such Receipt Point. Shipper shall
not tender at all Primary Receipt Points on any day without the prior consent of
Transporter, a cumulative quantity of natural gas in excess of the Maximum Daily
Transportation Quantity set forth in Article XIII.
Transporter agrees to transport and deliver to, or for the account of,
Shipper at the Delivery Point(s) the nominated gas received from Shipper at the
Receipt Point(s), less the Fuel Reimbursement Quantity and other deductions, and
Shipper agrees to accept or cause acceptance of delivery of these quantities;
provided, however, that Transporter shall not be obligated to deliver at any
Delivery Point on any day a quantity of natural gas in excess of the applicable
Maximum Daily Delivery Quantity.
ARTICLE II
TERM OF AGREEMENT
This Agreement shall become effective as of the date set forth below
and shall remain in full force and effect in accordance with the terms of this
Service Agreement. This Agreement may be extended for another primary term if
agreed to by both parties in accordance with the provisions in the General Terms
and Conditions on the Right of First Refusal Process.
ARTICLE III
RATE SCHEDULE
Shipper shall pay Transporter for all services rendered and for the
availability of such service at rates filed under Transporter's FT Rate Schedule
as shown on Sheet No. 4-A of Second Revised Volume No. 1-A and as the same may
be hereafter revised or changed. Unless otherwise agreed to in writing between
Transporter and Shipper, the rates to be charged Shipper for transportation
shall not be more than the maximum rate under Rate Schedule FT, nor less than
the minimum rate under Rate Schedule FT.
This Agreement and all terms and provisions contained or incorporated
herein are subject to the provisions of Transporter's applicable Rate Schedules
and of Transporter's General Terms and Conditions on file with the Federal
Energy Regulatory Commission, or other duly constituted authorities having
jurisdiction, and as the same may be legally amended or superseded, which Rate
Schedules and General Terms and Conditions are by this reference made a part
hereof.
Shipper agrees that Transporter shall have the unilateral right to file
with the appropriate regulatory authority and make changes effective in: (a) the
rates and charges applicable to service pursuant to Transporter's Rate Schedule
FT, (b) Transporter's Rate Schedule FT, pursuant to which service is rendered,
or (c) any provision of the General Terms and Conditions applicable to Rate
Schedule FT.
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ARTICLE IV
PRIMARY RECEIPT POINT(S)
Natural gas to be received by Transporter for the account of Shipper
shall be delivered by Shipper and received by Transporter on the outlet side of
the measuring station(s) at or near the Primary Receipt Point(s) specified in
Appendix A, with the Maximum Daily Receipt Quantity and the facility number,
maximum receipt pressure, and provisions for incremental facilities as set forth
in Appendix A. If multiple primary delivery point rate zones are specified in
Appendix B the primary receipt point(s) and quantities must be allocated by
primary delivery point rate zone in Appendix A.
ARTICLE V
PRIMARY DELIVERY POINTS
Natural gas to be delivered by Transporter for the account of Shipper
shall be delivered by Transporter and received by Shipper on the outlet side of
the measuring station(s) at or near the Primary Delivery Point(s) specified in
Appendix B, with the Maximum Daily Delivery Quantity and the facility number,
maximum delivery pressure, and provisions for incremental facilities indicated
for each such Delivery Point as set forth in Appendix B.
ARTICLE VI
QUALITY
All natural gas tendered to Transporter for transportation for the
account of Shipper at the Receipt Point(s) shall conform to the quality
specifications set forth in Section 4 of the General Terms and Conditions of
Transporter's FERC Gas Tariff, as revised from time to time unless otherwise
agreed to. Transporter may refuse to take delivery of any gas for transportation
which does not meet such quality specifications.
ARTICLE VII
INTERPRETATION
The interpretation and performance of the Agreement shall be in
accordance with the laws of the State of Colorado.
This Agreement, and all its rates, terms and conditions, shall at all
times be subject to modification by order of the FERC upon notice and hearing
and a finding of good cause therefor. In the event that any party to this
Agreement requests the FERC to take any action which could cause a modification
in the conditions of this Agreement, that party shall provide written notice to
the other parties at the time of filing the request with the FERC.
ARTICLE VIII
AGREEMENTS BEING SUPERSEDED
When this Agreement becomes effective, it shall supersede and cancel
any other firm agreements between the parties for the same service.
ARTICLE IX
CERTIFICATIONS
By executing this Agreement, Shipper certifies that: (1) Shipper has a
valid right to deliver the gas to be transported by Transporter; (2) Shipper
has, or will have, entered into all arrangements necessary for the commencement
of deliveries to Transporter; and (3) Shipper has a transportation contract(s)
or will enter into a transportation contract(s) with the party ultimately
receiving the gas, prior to the commencement of service.
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ARTICLE X
ADDRESSES
Except as otherwise provided or as provided in the General Terms and
Conditions of Transporter's FERC Gas Tariff, any notice, request, demand,
statement, ▇▇▇▇ or payment provided for in this Agreement, or any notice which
any party may desire to give to the other, shall be in writing and shall be
considered as duly delivered when mailed by registered, certified, or regular
mail to the post office address of the parties as follows:
(a) Transporter:
Mailing Address: Street Address:
▇▇▇▇▇▇ ▇▇▇▇▇▇ Interstate Gas ▇▇▇▇▇▇ ▇▇▇▇▇▇ Interstate Gas
Transmission LLC Transmission LLC
▇.▇. ▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Telephone: (▇▇▇) ▇▇▇-▇▇▇▇
Telecopy: (▇▇▇) ▇▇▇-▇▇▇▇
Scheduling: Payment Address:
Transportation and Storage Services KMIGT-TB
Telephone: (▇▇▇) ▇▇▇-▇▇▇▇ Dept. 3040
Telecopy: (▇▇▇) ▇▇▇-▇▇▇▇ ▇ ▇ ▇▇▇ ▇▇▇▇▇▇
▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇
Wires:
KMIGT-▇▇
▇▇▇▇▇ Fargo Bank
ABA No. 121 000 248
Account No. 412 112 9266
(b) Shipper: As shown in Article XIII or such other address as either
party shall designate by formal written notice.
ARTICLE XI
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of any
successor(s), substantially as an entirety, to either Transporter or Shipper by
merger, consolidation or acquisition. Either Transporter or Shipper may assign
or pledge this Agreement and all rights and obligations hereunder under the
provisions of any mortgage, deed of trust, indenture or other instrument which
it has executed or may execute hereafter as security for indebtedness;
otherwise, except as provided in Section 23 of the General Terms and Conditions,
neither Transporter nor Shipper shall assign this Agreement or its rights
hereunder.
ARTICLE XII
CAPACITY RELEASE
Shipper may release its capacity under this Firm Transportation Service
Agreement, up to Shipper's Maximum Daily Transportation Quantity or Maximum
Contract Quantity, in accordance with the General Terms and Conditions of
Transporter's FERC Gas Tariff.
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ARTICLE XIII
SPECIFIC INFORMATION
Firm Transportation Service Agreement between ▇▇▇▇▇▇ ▇▇▇▇▇▇ INTERSTATE
GAS TRANSMISSION LLC ("Transporter") and NEDAK ETHANOL LLC ("Shipper").
Contract Number: 551593
Contract Date: May 8, 2006
Term: June 1, 2007 thru May 31, 2017
Termination Notice:
Notice of Rollover: 1 year in advance of (i) the end of the primary term or
extended term; or (ii) any termination date after the primary term has ended.
Shipper Address:
NEDAK ETHANOL LLC
▇▇▇▇ ▇▇▇▇▇▇▇▇
▇.▇. ▇▇▇ ▇▇▇
▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Telephone: (▇▇▇) ▇▇▇-▇▇▇▇
Telecopy: (▇▇▇) ▇▇▇-▇▇▇▇
Billing/Notices/Scheduling:
NEDAK ETHANOL LLC
▇▇▇▇ ▇▇▇▇▇▇▇▇
▇.▇. ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Telephone: (▇▇▇) ▇▇▇-▇▇▇▇
Telecopy: (▇▇▇) ▇▇▇-▇▇▇▇
Maximum Daily Transportation Quantity: 2450 Dth per day.
Rate: The rate charged will be the maximum transportation rate unless otherwise agreed to in writing.
Fuel Reimbursement: As stated on Tariff Sheet No. 4-D, unless otherwise agreed to in writing.
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed
by their duly authorized representative.
▇▇▇▇▇▇ ▇▇▇▇▇▇ INTERSTATE GAS TRANSMISSION LLC NEDAK ETHANOL LLC
"Transporter" "Shipper"
By: /s/ ▇▇▇▇▇ ▇. Hostlaw By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
-------------------- --------------------
Name: ▇▇▇▇▇ ▇. Hostlaw Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
---------------- ----------------
Title: Vice President Title: President & General Manager
-------------- ---------------------------
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APPENDIX A
RECEIPT POINT(S)
To the Firm Transportation Service Agreement between ▇▇▇▇▇▇ ▇▇▇▇▇▇
INTERSTATE GAS TRANSMISSION LLC ("Transporter") and NEDAK ETHANOL LLC
("Shipper").
Contract Number: 551593 Dated: May 8, 2006
Effective Date:June 1, 2007
Primary Maximum Provision for
Receipt Maximum Daily Incremental
Receipt Point(s) PIN Pressure Receipt Quantity Facility
---------------- --- -------- ---------------- --------
6/1/2007 -5/31/2017
1. KMULLC /KMIGT ▇▇▇▇▇▇▇ PLT OUTLE 996620 2069
2. CIG/KMIGT GLENROCK CONVERSE 19350 381
This Appendix A supersedes and cancels any previously effective Appendix A to
this referenced Firm Transportation Service Agreement.
▇▇▇▇▇▇ ▇▇▇▇▇▇ INTERSTATE GAS TRANSMISSION LLC NEDAK ETHANOL LLC
"Transporter" "Shipper"
By: /s/ ▇▇▇▇▇ ▇. Hostlaw By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
-------------------- --------------------
Title: Vice President Title: President & General Manager
-------------- ---------------------------
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APPENDIX B
DELIVERY POINT(S)
To the Firm Transportation Service Agreement between ▇▇▇▇▇▇ ▇▇▇▇▇▇
INTERSTATE GAS TRANSMISSION LLC ("Transporter") and NEDAK ETHANOL LLC
("Shipper").
Contract Number: 551593 Dated: May 8, 2006
Effective Date:June 1, 2007
Maximum Provision for
Primary Receipt Maximum Daily Incremental
Receipt Point(s) PIN Pressure Receipt Quantity Facility
---------------- --- -------- ---------------- --------
6/1/2007 - 5/31/2017
1. KMIGT/KMIGT NEDAK ETHANOL PLAN HOL 42543 2450
This Appendix B supersedes and cancels any previously effective Appendix B to
this referenced Firm Transportation Service Agreement.
▇▇▇▇▇▇ ▇▇▇▇▇▇ INTERSTATE GAS TRANSMISSION LLC NEDAK ETHANOL LLC
"Transporter" "Shipper"
By: /s/ ▇▇▇▇▇ ▇. Hostlaw By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
-------------------- --------------------
Title: Vice President Title: President & General Manager
-------------- ---------------------------
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APPENDIX C
PRIMARY TRANSPORTATION PATH SEGMENT MDTQ's
An MDTQ exists for each primary transportation path segment and
direction within the primary path under this Agreement. Such MDTQ is the maximum
daily transportation quantity of gas which Transporter is obligated to transport
on a firm basis along a primary transportation path segment.
A schedule showing these primary transportation path segment MDTQ's is
attached.
This Appendix C supersedes and cancels any previously effective
Appendix C to this Firm Transportation Service Agreement.
▇▇▇▇▇▇ ▇▇▇▇▇▇ INTERSTATE GAS TRANSMISSION LLC
"Transporter"
By: /s/ ▇▇▇▇▇ ▇. Hostlaw
-----------------------------------
Title: Vice President
--------------------------------
NEDAK ETHANOL LLC
"Shipper"
By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇
-----------------------------------
Title: President & General Manager
-----------------------------------
Flow Direction
Upstream (F)orward Haul
Segment # Segment or (B)ack Haul MTDQ
--------- ------- -------------- ----
6/1/2007 - 5/31/2017
1. 50 0 F 0
2. 55 50 F 381
3. 58 55 F 381
4. 58 740 F 2069
5. 60 58 F 2450
6. 80 60 F 2450
7. 190 80 F 2450
8. 210 190 F 2450
9. 215 210 F 2450
10. 220 215 F 2450
11. 410 220 F 2450
12. 430 410 F 2450
13. 735 0 F 0
14. 740 735 F 2069
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