GENERAL TERMS AND CONDITIONS OF SERVICE
(Continued)
8. AVAILABILITY OF TRANSPORTATION (Continued)
8.1 Firm Transportation Service (Continued)
(b) Future Sales of Capacity (Continued)
If NBP sells capacity on a pre-arranged basis, it will post the
terms of the pre-arranged transaction and other parties will
have an opportunity to bid on the capacity. At the time NBP
enters into a pre-arranged service agreement, NBP will post a
notice on its Internet website indicating that the pre-arranged
capacity will be subject to an open bidding process within
three (3) business days, even if such capacity has already been
subject to an open season bidding process and is currently
posted as available capacity. If another party submits a bid
with a higher incremental economic value, the pre-arranged
Shipper will have a one-time right to match the higher bid in
order to retain the capacity. If the pre-arranged Shipper
elects not to match a higher competing bid, the capacity will
be awarded to the highest creditworthy bidder in accordance
with Paragraph 9.1(d). If there is an open season ongoing for
certain capacity, NBP will not enter into a pre-arranged deal
for that capacity during the open season.
NBP will separately identify on its Internet website all
capacity that is anticipated to become available and is not
subject to a right of first refusal or unilateral evergreen
provision. NBP will not enter into any pre-arranged deals for
capacity that has not previously been posted on its Internet
website.
Capacity that is reserved pursuant to this Paragraph 8.1(b)
will be made available for transportation service on an
interim basis up to the commencement date of the service
agreement for the future capacity sale. For such interim
service agreements, NBP reserves the right to limit Shipper
extension rights, including the right of first refusal, within
the service agreement. Transporter will indicate in any open
season posting of this capacity any limitations on extension
rights that will apply to such interim transportation service.
(Continued)
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