Date Requested: Oct 11 2021 3:09 PM
| Posting Date | Posting Time | Svc Req K | Rate Sch | K Begin Date | K End Date | K Ent Begin Date/Time | K Ent End Date/Time | K Qty-K | Loc / QTI | K Stat | K Holder | K Holder Name | Affil | Res Rate ID | Max Tariff Res Rate | Res Rate Charged | Com Rate ID | Max Tariff Com Rate | Com Rate Charged | Negotiated Rate Indicator | Terms/Notes | Rec Loc | Rec Loc Ind | Rec Loc Zn | Rec Loc Name | Del Loc | Del Loc Ind | Del Loc Zn | Del Loc Name |
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| 10/01/2021 | 05:55AM | 10001 | FTS | 10/01/2017 | 09/30/2032 | 10/01/2017 09:00AM | 10/01/2032 09:00AM | 1,050,000 | 3 | A | 079174372 | Ascent Resources - Utica, LLC | None | RES | 18.993300 | 15.293500 | COM | 0.002300 | 0.000000 | Yes | Shipper shall have a unilateral right to extend the term of the Finn Transportation Service Agreement up to four consecutive times for some portion or all of its MDQ beyond the Primary Term for a term of five (5) years per extension (each such extension an "Extended Term") or beyond any Extended Term for an additional Extended Term of five (5) years per extension upon notice to ROVER not less than six (6) months prior to the expiry of the Primary Term or any Extended Term. PRESSURE: Shipper will deliver Gas to Transporter, at the Receipt Point(s) set forth in Exhibit A of this original executed Firm Transportation Service Agreement, at a minimum pressure of 1,100 psig. Pursuant to GT&C Section 11.2, Shipper has a contractual right of first refusal to be exercised in accordance with the procedure set forth in GT&C Section 11.2. CREDIT PROVISIONS: Shipper, at all times, must satisfy the creditworthiness criteria, or otherwise provide such credit support, as set forth under this Exhibit B: (A) An entity shall be deemed "Creditworthy'' hereunder, as of a particular time, if: (i) its long-term unsecured debt securities, at such time, are rated at least BBB- by Standard & Poor's Ratings Services or its successor and at least Baa3 by Moody's Investor Services, Inc. or its successor or an equivalent rating by another nationally recognized credit rating service (any such rating, as applicable, a "Debt Rating"), without either Debt Rating being qualified by or subject to a ratings action indicating a negative short-term or long-term outlook; and; (ii) Transporter does not have other reasonable grounds for insecurity, as evaluated by Transporter on a non-discriminatory basis, based on consistent financial evaluation standards for determining the acceptability of such entity's overall financial condition. (B) If any of the Debt Ratings assigned to Shipper is deemed not "Creditworthy", then Shipper shall thereafter, either: (i) maintain an irrevocable, unconditional guaranty ("Guaranty") from a third party that is "Creditworthy"' and that is otherwise acceptable to Transporter, in Transporter's sole judgment (such third party, "Guarantor"), which Guaranty shall guarantee the full and faithful performance and payment of all of Shipper's obligations under the Precedent Agreement and this Firm Transportation Service Agreement and such Guaranty will remain outstanding for the benefit of the Transporter thought the term of the Precedent Agreement and Firm Transportation Service Agreement; or (ii) maintain a cash deposit or an irrevocable standby letter of credit (either, the “Credit Support”) that is in a form and from a bank acceptable to Transporter, in Transporter's sole judgment, in either case securing the full and faithful performance and payment of all of Shipper's obligations under the Precedent Agreement and the Firm Transportation Service Agreement, and in either case equal to: upon the latter of (a) commencement of ordering material or (b) August 31, 2014, the total aggregate dollar value of 12 months of reservation charges due from Shipper for the Contract MDQ under the Firm Transportation Service Agreement (iii) permit a first lien by Transporter to exist on the Shipper's and/or Shipper's designated affiliate's equity in the Pipeline Project, pursuant to the letter agreement between Energy Transfer Partners, L.P. ("ETP") and American Energy - Utica, LLC, dated as of June 25, 2014, which equity is the equivalent to Section (B)(i) or Section (B)(ii) of this Exhibit B in satisfying the full and faithful performance and payment of all of Shipper's obligations under the Precedent Agreement and the Finn Transportation Service Agreement. (iv) At any time during the term of the Precedent Agreement and the Firm Transportation Service Agreement, in the event (a) any of the Debt Ratings assigned to Shipper becomes qualified or impacted by a negative outlook, then the amount of Credit Support shall increase to the lesser of 18 months of reservation charges due from Shipper for the Maximum Contract MDQ or the number of months remaining under the Firm Transportation Service Agreement; or, in the event that (b) any of the Debt Ratings assigned to Shipper declines from the Debt Ratings assigned to Shipper as of the execution date of the Firm Transportation Service Agreement, the amount of Credit Support shall increase to the lesser of 24 months of reservation charges due from Shipper for the Maximum Contract MDQ or the number of months remaining in the term under the Firm Transportation Service Agreement. In the case of either (a) or (b), the Credit Support shall be issued and maintained by Shipper for the benefit of the Transporter throughout the term of the Precedent Agreement and Finn Transportation Service Agreement. Provided, however, if (a) or (b) above are no longer applicable, the amount of Credit Support required will revert to the appropriate level otherwise set forth in this Exhibit B. Notwithstanding the foregoing, Shipper will be allowed a grace period of one (I) year from the date this Exhibit 8 is executed to comply with the further credit support requirements of (a) or (b) above, if (a) or (b) occurs prior to the expiration of such grace period. (C) At any time while either the Precedent Agreement or the Firm Transportation Service Agreement is effective, if Transporter determines that, as of such time, (i) any Guarantor of Shipper is no longer "Creditworthy", or (ii) any bank that is supporting a letter of credit in favor of Transporter in accordance with Section (B)(ii} of this Exhibit B is no longer acceptable to Transporter, then Transporter may submit a written notice of such determination to Shipper (which notice shall provide Transporter's basis for such determination), and within five (5) business days after Shipper's receipt of such notice from Transporter, Shipper shall deliver to Transporter, and shall thereafter maintain, alternative Credit Support in accordance with either Section (B)(i) or Section (B)(ii) of this Exhibit B. (D) For any Credit Support in the form of an irrevocable standby letter of credit that is provided to Transporter pursuant to Section (B)(ii) of this Exhibit B (any such letter of credit, "Shipper's Letter of Credit"), such Shipper's Letter of Credit shall pem1it partial draws and shall have an expiry date no sooner than twelve (12) calendar months after issuance thereof. With respect to any Shipper's Letter of Credit, Shipper shall furnish extensions or replacements of such letter of credit thirty (30) days prior to the expiration thereof, from time to time until the expiration of both the Precedent Agreement and Firm Transportation Service Agreement. All extensions, amendments and replacements of any Shipper's Letter of Credit shall be delivered to Transporter in the form of such outstanding Shipper's Letter of Credit, or in form otherwise satisfactory to Transporter. Transporter shall have the right to draw against any outstanding Shipper's Letter of Credit upon: (a) failure to make payment when due under either the Precedent Agreement or the Firm Transportation Service Agreement; or (b) the failure or refusal of Shipper to deliver any applicable extension, amendment or replacement of an outstanding Shipper's Letter of Credit as provided herein. In the event of a draw in accordance with clause (a) of the preceding sentence, the proceeds of such draw shall be applied against any costs, expenses or damages incurred by Transporter. In the event of a draw due to the failure or refusal of Shipper to deliver any applicable extension, amendment or replacement of an outstanding Shipper's Letter of Credit, which draw may be in part or in whole, the proceeds of the draw shall be retained by Transporter until Transporter receives a replacement Shipper's Letter of Credit or until Transporter does in fact incur any costs, expenses or damages as a result of a breach by Shipper of any of its obligations under either the Precedent Agreement or the Finn Transportation Service Agreement (in which event, such monies shall be applied against the same). If drawn in part or in whole, Shipper shall immediately thereafter provide a replacement Shipper's Letter of Credit in an amount equal to the amount drawn by Transporter. Any draw made by Transporter under an outstanding Shipper's Letter of Credit shall not relieve Shipper of any liabilities, deficiencies, costs, expenses or damages beyond what is drawn under such Shipper's Letter of Credit. Shipper's Letter of Credit (representing any undrawn portion thereof), to the extent it still remains, or any Credit Support in the form of cash deposit held by Transporter shall be returned to Shipper on or before the thirtieth (30th) day after the later to occur of (i) the date on which both the Precedent Agreement and the Firm Transportation Service Agreement have terminated or expired and (ii) the date on which all of Shipper's performance and payment obligations under the Precedent Agreement and the Firm Transportation Service Agreement (including, without limitation. any damages arising from either such agreement) have been fulfilled. NEGOTIATED RATE PARAMETERS: 1.1 Negotiated Rate Term: The Negotiated Rates set forth in this Agreement shall remain in effect through the expiration of the Primary Term of the Firm Transportation Service Agreement and any extensions thereof. 1.2 Primary Term Reservation and Commodity Rates: For service provided by ROVER to Shipper from the Eligible Receipt Points to the Eligible Delivery Points, as defined below, for aggregate quantities not to exceed the MDQ. Shipper is not entitled to the Negotiated Rate for nominations or transport in excess of the applicable MDQ from any combination of receipt points or to any combination of delivery points. During the Primary Term of the Firm Transportation Service Agreement, Shipper shall pay ROVER the following Fixed Negotiated Reservation Rate and Fixed Negotiated Commodity Rate: (a) Fixed Negotiated Reservation Rate: (i) $0.7728/Dth for the portion of the contract MDQ with primary delivery points at Dawn and/or the Market Zone North, (ii) $0.5028/Dth for the portion of the contract MDQ with primary delivery points at the interconnections with Panhandle Eastern Pipeline Company, LP ("PEPL"), ANR Pipeline Company ("ANR") or any existing and future interconnections within fifteen (15) miles of the Panhandle-Defiance interconnection near Defiance, Ohio (the "Defiance Delivery Points'') in the Mainline Zone, and (iii) $0.8028/Dth for the portion of MDQ with primary delivery points in the Market Zone South. (b) Fixed Negotiated Commodity Rate: $0.00/Dth for deliveries to Defiance Delivery Points and Dawn Hub. Additionally, Shipper shall pay the applicable Panhandle Eastern Pipeline Company (''PEPL'') and/or Trunkline Gas Company ("TGC or Trunkline") Commodity Rates, if ROVER is required to contract for and/or lease from PEPL and TGC to reach these markets and those rates are assessed to ROVER, which rates may change from time to time, but currently are as follows: (I) PEPL: $0.0078/Dth for deliveries from ANR Defiance to PEPL Bourbon. (2) TGC: $0.0063/Dth for deliveries from PEPL Bourbon to TGC Zone 1 A. (c) The Fixed Negotiated Reservation Rate and Fixed Negotiated Commodity Rate shall remain fixed for the Primary Term of the Firm Transportation Service Agreement, regardless of any otherwise applicable maximum rate set forth in ROVER's FERC Gas Tariff and any extension beyond the primary term. 1.3 Eligible Primary Receipt Points. The Negotiated Rates shall apply to service provided to Shipper from the Primary Receipt Points specified in Exhibit A of the Firm Transportation Service Agreement or to any other Receipt Points in the same zone as the identified Primary Receipt Points, subject to available capacity for such other receipt point(s). 1.4 Eligible Secondary Receipt Points. The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis from all receipt points in the Supply Zone as follows: (a) Supply Zone - The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis from all receipt points within the Supply Zone up to the MDQ of such path. (b) Mainline Zone - The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis from all receipt points within the Mainline Zone up to the MDQ of such path. (c) Market Zone North-The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis from all receipt points within the Market Zone North up to the MDQ of such path. 1.5 Eligible Primary Delivery Points. The Negotiated Rates shall apply to service provided to Shipper to the Primary Delivery Points specified in Exhibit A of the Firm Transportation Service Agreement or to any other Delivery Points in the same zone as the identified Primary Delivery Points, subject to available capacity for such other delivery point(s). 1.6 Eligible Secondary Delivery Points. The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis as follows: (a) Market Zone North - Shipper shall have rights to secondary delivery points within the Supply Zone, Mainline Zone, and Market Zone North in accordance with the provisions of ROVER's FERC Gas Tariff. (b) Mainline Zone - Shipper shall have rights to secondary delivery points within the Supply Zone and the Mainline Zone in accordance with the provisions of ROVER's FERC Tariff. (c) Market Zone South - Shipper shall have rights to secondary delivery points within the Supply Zone, the Mainline Zone, and Market Zone South in accordance with the provisions of ROVER's FERC Gas Tariff. (d) Future Points - Shipper shall have the right to access current and future secondary points within Shipper's primary path. In addition Shipper, will have access to all future pooling or Hub locations within the same zones of Shipper's primary path(s). FUEL CAP: Shipper shall pay the Fuel Charges set forth in ROVER's Tariff provided, however, that the Fuel Charges shall be capped at 1.2% for deliveries from the Supply Zone to the Defiance Delivery Points or any other delivery point in the Mainline Zone, or 1.6% for deliveries to the Dawn Hub or any delivery point in the Market Zone North (“Fuel Cap"). The Fuel Cap is only applicable to Shipper's Primary Path as specified in Exhibit A of the original Firm Transportation Service Agreement and shall be in effect for the months in which Shipper is using at least 70% of its MDQ; provided, however, that Fuel Cap is also applicable if Shipper's use is less than 70% for reasons beyond Shipper's control, such as, but not limited to, Transporter maintenance, force majeure, or situations created by Transporter. In addition, for deliveries to the Market Zone South, Shipper shall also pay the applicable PEPL and/or TGC fuel rates, which are currently 1.62% and 0.3%, respectively, but may change from time to time; provided that such fuel is included as part of ROVER's agreement with the relevant pipeline to acquire capacity for service under ROVER's Tariff and Shipper transports natural gas through the ROVER system through that acquired capacity. Nothing in this Section shall be construed to preclude ROVER from charging to a deferral account for future recovery any amount by which the Fuel Charge of Shipper is above the Fuel Cap (the "Under Recovered Amounts"). In such situations, ROVER will charge Shipper a percentage equal to the Fuel Cap until the deferral account is reduced to zero or the end of the Negotiated Rate Term. MISCELLANEOUS PROVISION: 2.1 Applicable Maximum and Minimum Tariff Rates: Unless otherwise expressly provided in this Agreement, the Negotiated Rates shall apply to service provided by ROVER to Shipper for the term of the Firm Transportation Service Agreement, notwithstanding any otherwise applicable maximum or minimum rates set forth in ROVER's Tariff, as may be revised from time to time. 2.2 Refunds: In no event shall ROVER be required to refund to Shipper any amounts collected for service to which the Negotiated Rates apply, notwithstanding any otherwise applicable maximum or minimum rate set forth in ROVER's Tariff: provided, however, that Shipper shall not be required to make reservation charge payments, or will receive credits for any reservation charge payments made, in the event that transportation service is unavailable due to reasons beyond Shipper's control. 2.3 Most Favored Nations: If at any time prior to the fifth anniversary of the In-Service Date, Transporter enters into a firm transportation agreement with a third party under Rate Schedule FTS and a negotiated or discounted rate agreement that is lower than the rates and from the Primary Points of Receipt to the Primary Points of Delivery set forth in the table below ("Lower Rate") as applicable, for a primary term of more than one (1) year, but less than fifteen ( 15) years (and for other than seasonal service), then Transporter shall offer to reduce Shipper's Negotiated Rate to a rate equal to the Lower Rate. Receipt Point: ORS Cadiz or MW Cadiz Delivery Point: Defiance Delivery Points Rate/Dth: $0.48 Receipt Point: ORS Cadiz or MW Cadiz Delivery Point: Trunkline Zone 1A Rate/Dth: $0.78 Receipt Point: ORS Cadiz or MW Cadiz Delivery Point: Dawn Rate/Dth: $0.75 ''Defiance Delivery Points" shall be the interconnections with Panhandle Eastern Pipeline Company, LP or ANR Pipeline Company, or any existing and future interconnections within fifteen ( 15) miles of the Panhandle-Defiance interconnection in the Mainline Zone. Notwithstanding the foregoing, prior to and for the first eighteen (18) months from the execution of the Fifth Amendment to the PA. Transporter shall be entitled to enter into firm transportation service agreements for up to an aggregate of 150,000 Dth/d, for any rate or term from the Receipt Points to the Delivery Points described in the table above without triggering its Most Favored Nations obligations hereunder. For further clarity, it is understood that this Most Favored Nations provision shall not apply to backhauls, to forward hauls on portions or segments of the original primary path, to any changes in Shipper's original primary points on Exhibit A, or to capacity resulting from an expansion of Transporter's facilities. | 70003 | I | SPZ | CADIZ-MW | ANRWK | I | MLZ | ANR WESTRICK |
| 10/01/2021 | 05:55AM | 10001 | FTS | 10/01/2017 | 09/30/2032 | 10/01/2017 09:00AM | 10/01/2032 09:00AM | 1,050,000 | 3 | A | 079174372 | Ascent Resources - Utica, LLC | None | RES | 18.993300 | 15.293500 | COM | 0.002300 | 0.000000 | Yes | Shipper shall have a unilateral right to extend the term of the Finn Transportation Service Agreement up to four consecutive times for some portion or all of its MDQ beyond the Primary Term for a term of five (5) years per extension (each such extension an "Extended Term") or beyond any Extended Term for an additional Extended Term of five (5) years per extension upon notice to ROVER not less than six (6) months prior to the expiry of the Primary Term or any Extended Term. PRESSURE: Shipper will deliver Gas to Transporter, at the Receipt Point(s) set forth in Exhibit A of this original executed Firm Transportation Service Agreement, at a minimum pressure of 1,100 psig. Pursuant to GT&C Section 11.2, Shipper has a contractual right of first refusal to be exercised in accordance with the procedure set forth in GT&C Section 11.2. CREDIT PROVISIONS: Shipper, at all times, must satisfy the creditworthiness criteria, or otherwise provide such credit support, as set forth under this Exhibit B: (A) An entity shall be deemed "Creditworthy'' hereunder, as of a particular time, if: (i) its long-term unsecured debt securities, at such time, are rated at least BBB- by Standard & Poor's Ratings Services or its successor and at least Baa3 by Moody's Investor Services, Inc. or its successor or an equivalent rating by another nationally recognized credit rating service (any such rating, as applicable, a "Debt Rating"), without either Debt Rating being qualified by or subject to a ratings action indicating a negative short-term or long-term outlook; and; (ii) Transporter does not have other reasonable grounds for insecurity, as evaluated by Transporter on a non-discriminatory basis, based on consistent financial evaluation standards for determining the acceptability of such entity's overall financial condition. (B) If any of the Debt Ratings assigned to Shipper is deemed not "Creditworthy", then Shipper shall thereafter, either: (i) maintain an irrevocable, unconditional guaranty ("Guaranty") from a third party that is "Creditworthy"' and that is otherwise acceptable to Transporter, in Transporter's sole judgment (such third party, "Guarantor"), which Guaranty shall guarantee the full and faithful performance and payment of all of Shipper's obligations under the Precedent Agreement and this Firm Transportation Service Agreement and such Guaranty will remain outstanding for the benefit of the Transporter thought the term of the Precedent Agreement and Firm Transportation Service Agreement; or (ii) maintain a cash deposit or an irrevocable standby letter of credit (either, the “Credit Support”) that is in a form and from a bank acceptable to Transporter, in Transporter's sole judgment, in either case securing the full and faithful performance and payment of all of Shipper's obligations under the Precedent Agreement and the Firm Transportation Service Agreement, and in either case equal to: upon the latter of (a) commencement of ordering material or (b) August 31, 2014, the total aggregate dollar value of 12 months of reservation charges due from Shipper for the Contract MDQ under the Firm Transportation Service Agreement (iii) permit a first lien by Transporter to exist on the Shipper's and/or Shipper's designated affiliate's equity in the Pipeline Project, pursuant to the letter agreement between Energy Transfer Partners, L.P. ("ETP") and American Energy - Utica, LLC, dated as of June 25, 2014, which equity is the equivalent to Section (B)(i) or Section (B)(ii) of this Exhibit B in satisfying the full and faithful performance and payment of all of Shipper's obligations under the Precedent Agreement and the Finn Transportation Service Agreement. (iv) At any time during the term of the Precedent Agreement and the Firm Transportation Service Agreement, in the event (a) any of the Debt Ratings assigned to Shipper becomes qualified or impacted by a negative outlook, then the amount of Credit Support shall increase to the lesser of 18 months of reservation charges due from Shipper for the Maximum Contract MDQ or the number of months remaining under the Firm Transportation Service Agreement; or, in the event that (b) any of the Debt Ratings assigned to Shipper declines from the Debt Ratings assigned to Shipper as of the execution date of the Firm Transportation Service Agreement, the amount of Credit Support shall increase to the lesser of 24 months of reservation charges due from Shipper for the Maximum Contract MDQ or the number of months remaining in the term under the Firm Transportation Service Agreement. In the case of either (a) or (b), the Credit Support shall be issued and maintained by Shipper for the benefit of the Transporter throughout the term of the Precedent Agreement and Finn Transportation Service Agreement. Provided, however, if (a) or (b) above are no longer applicable, the amount of Credit Support required will revert to the appropriate level otherwise set forth in this Exhibit B. Notwithstanding the foregoing, Shipper will be allowed a grace period of one (I) year from the date this Exhibit 8 is executed to comply with the further credit support requirements of (a) or (b) above, if (a) or (b) occurs prior to the expiration of such grace period. (C) At any time while either the Precedent Agreement or the Firm Transportation Service Agreement is effective, if Transporter determines that, as of such time, (i) any Guarantor of Shipper is no longer "Creditworthy", or (ii) any bank that is supporting a letter of credit in favor of Transporter in accordance with Section (B)(ii} of this Exhibit B is no longer acceptable to Transporter, then Transporter may submit a written notice of such determination to Shipper (which notice shall provide Transporter's basis for such determination), and within five (5) business days after Shipper's receipt of such notice from Transporter, Shipper shall deliver to Transporter, and shall thereafter maintain, alternative Credit Support in accordance with either Section (B)(i) or Section (B)(ii) of this Exhibit B. (D) For any Credit Support in the form of an irrevocable standby letter of credit that is provided to Transporter pursuant to Section (B)(ii) of this Exhibit B (any such letter of credit, "Shipper's Letter of Credit"), such Shipper's Letter of Credit shall pem1it partial draws and shall have an expiry date no sooner than twelve (12) calendar months after issuance thereof. With respect to any Shipper's Letter of Credit, Shipper shall furnish extensions or replacements of such letter of credit thirty (30) days prior to the expiration thereof, from time to time until the expiration of both the Precedent Agreement and Firm Transportation Service Agreement. All extensions, amendments and replacements of any Shipper's Letter of Credit shall be delivered to Transporter in the form of such outstanding Shipper's Letter of Credit, or in form otherwise satisfactory to Transporter. Transporter shall have the right to draw against any outstanding Shipper's Letter of Credit upon: (a) failure to make payment when due under either the Precedent Agreement or the Firm Transportation Service Agreement; or (b) the failure or refusal of Shipper to deliver any applicable extension, amendment or replacement of an outstanding Shipper's Letter of Credit as provided herein. In the event of a draw in accordance with clause (a) of the preceding sentence, the proceeds of such draw shall be applied against any costs, expenses or damages incurred by Transporter. In the event of a draw due to the failure or refusal of Shipper to deliver any applicable extension, amendment or replacement of an outstanding Shipper's Letter of Credit, which draw may be in part or in whole, the proceeds of the draw shall be retained by Transporter until Transporter receives a replacement Shipper's Letter of Credit or until Transporter does in fact incur any costs, expenses or damages as a result of a breach by Shipper of any of its obligations under either the Precedent Agreement or the Finn Transportation Service Agreement (in which event, such monies shall be applied against the same). If drawn in part or in whole, Shipper shall immediately thereafter provide a replacement Shipper's Letter of Credit in an amount equal to the amount drawn by Transporter. Any draw made by Transporter under an outstanding Shipper's Letter of Credit shall not relieve Shipper of any liabilities, deficiencies, costs, expenses or damages beyond what is drawn under such Shipper's Letter of Credit. Shipper's Letter of Credit (representing any undrawn portion thereof), to the extent it still remains, or any Credit Support in the form of cash deposit held by Transporter shall be returned to Shipper on or before the thirtieth (30th) day after the later to occur of (i) the date on which both the Precedent Agreement and the Firm Transportation Service Agreement have terminated or expired and (ii) the date on which all of Shipper's performance and payment obligations under the Precedent Agreement and the Firm Transportation Service Agreement (including, without limitation. any damages arising from either such agreement) have been fulfilled. NEGOTIATED RATE PARAMETERS: 1.1 Negotiated Rate Term: The Negotiated Rates set forth in this Agreement shall remain in effect through the expiration of the Primary Term of the Firm Transportation Service Agreement and any extensions thereof. 1.2 Primary Term Reservation and Commodity Rates: For service provided by ROVER to Shipper from the Eligible Receipt Points to the Eligible Delivery Points, as defined below, for aggregate quantities not to exceed the MDQ. Shipper is not entitled to the Negotiated Rate for nominations or transport in excess of the applicable MDQ from any combination of receipt points or to any combination of delivery points. During the Primary Term of the Firm Transportation Service Agreement, Shipper shall pay ROVER the following Fixed Negotiated Reservation Rate and Fixed Negotiated Commodity Rate: (a) Fixed Negotiated Reservation Rate: (i) $0.7728/Dth for the portion of the contract MDQ with primary delivery points at Dawn and/or the Market Zone North, (ii) $0.5028/Dth for the portion of the contract MDQ with primary delivery points at the interconnections with Panhandle Eastern Pipeline Company, LP ("PEPL"), ANR Pipeline Company ("ANR") or any existing and future interconnections within fifteen (15) miles of the Panhandle-Defiance interconnection near Defiance, Ohio (the "Defiance Delivery Points'') in the Mainline Zone, and (iii) $0.8028/Dth for the portion of MDQ with primary delivery points in the Market Zone South. (b) Fixed Negotiated Commodity Rate: $0.00/Dth for deliveries to Defiance Delivery Points and Dawn Hub. Additionally, Shipper shall pay the applicable Panhandle Eastern Pipeline Company (''PEPL'') and/or Trunkline Gas Company ("TGC or Trunkline") Commodity Rates, if ROVER is required to contract for and/or lease from PEPL and TGC to reach these markets and those rates are assessed to ROVER, which rates may change from time to time, but currently are as follows: (I) PEPL: $0.0078/Dth for deliveries from ANR Defiance to PEPL Bourbon. (2) TGC: $0.0063/Dth for deliveries from PEPL Bourbon to TGC Zone 1 A. (c) The Fixed Negotiated Reservation Rate and Fixed Negotiated Commodity Rate shall remain fixed for the Primary Term of the Firm Transportation Service Agreement, regardless of any otherwise applicable maximum rate set forth in ROVER's FERC Gas Tariff and any extension beyond the primary term. 1.3 Eligible Primary Receipt Points. The Negotiated Rates shall apply to service provided to Shipper from the Primary Receipt Points specified in Exhibit A of the Firm Transportation Service Agreement or to any other Receipt Points in the same zone as the identified Primary Receipt Points, subject to available capacity for such other receipt point(s). 1.4 Eligible Secondary Receipt Points. The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis from all receipt points in the Supply Zone as follows: (a) Supply Zone - The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis from all receipt points within the Supply Zone up to the MDQ of such path. (b) Mainline Zone - The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis from all receipt points within the Mainline Zone up to the MDQ of such path. (c) Market Zone North-The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis from all receipt points within the Market Zone North up to the MDQ of such path. 1.5 Eligible Primary Delivery Points. The Negotiated Rates shall apply to service provided to Shipper to the Primary Delivery Points specified in Exhibit A of the Firm Transportation Service Agreement or to any other Delivery Points in the same zone as the identified Primary Delivery Points, subject to available capacity for such other delivery point(s). 1.6 Eligible Secondary Delivery Points. The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis as follows: (a) Market Zone North - Shipper shall have rights to secondary delivery points within the Supply Zone, Mainline Zone, and Market Zone North in accordance with the provisions of ROVER's FERC Gas Tariff. (b) Mainline Zone - Shipper shall have rights to secondary delivery points within the Supply Zone and the Mainline Zone in accordance with the provisions of ROVER's FERC Tariff. (c) Market Zone South - Shipper shall have rights to secondary delivery points within the Supply Zone, the Mainline Zone, and Market Zone South in accordance with the provisions of ROVER's FERC Gas Tariff. (d) Future Points - Shipper shall have the right to access current and future secondary points within Shipper's primary path. In addition Shipper, will have access to all future pooling or Hub locations within the same zones of Shipper's primary path(s). FUEL CAP: Shipper shall pay the Fuel Charges set forth in ROVER's Tariff provided, however, that the Fuel Charges shall be capped at 1.2% for deliveries from the Supply Zone to the Defiance Delivery Points or any other delivery point in the Mainline Zone, or 1.6% for deliveries to the Dawn Hub or any delivery point in the Market Zone North (“Fuel Cap"). The Fuel Cap is only applicable to Shipper's Primary Path as specified in Exhibit A of the original Firm Transportation Service Agreement and shall be in effect for the months in which Shipper is using at least 70% of its MDQ; provided, however, that Fuel Cap is also applicable if Shipper's use is less than 70% for reasons beyond Shipper's control, such as, but not limited to, Transporter maintenance, force majeure, or situations created by Transporter. In addition, for deliveries to the Market Zone South, Shipper shall also pay the applicable PEPL and/or TGC fuel rates, which are currently 1.62% and 0.3%, respectively, but may change from time to time; provided that such fuel is included as part of ROVER's agreement with the relevant pipeline to acquire capacity for service under ROVER's Tariff and Shipper transports natural gas through the ROVER system through that acquired capacity. Nothing in this Section shall be construed to preclude ROVER from charging to a deferral account for future recovery any amount by which the Fuel Charge of Shipper is above the Fuel Cap (the "Under Recovered Amounts"). In such situations, ROVER will charge Shipper a percentage equal to the Fuel Cap until the deferral account is reduced to zero or the end of the Negotiated Rate Term. MISCELLANEOUS PROVISION: 2.1 Applicable Maximum and Minimum Tariff Rates: Unless otherwise expressly provided in this Agreement, the Negotiated Rates shall apply to service provided by ROVER to Shipper for the term of the Firm Transportation Service Agreement, notwithstanding any otherwise applicable maximum or minimum rates set forth in ROVER's Tariff, as may be revised from time to time. 2.2 Refunds: In no event shall ROVER be required to refund to Shipper any amounts collected for service to which the Negotiated Rates apply, notwithstanding any otherwise applicable maximum or minimum rate set forth in ROVER's Tariff: provided, however, that Shipper shall not be required to make reservation charge payments, or will receive credits for any reservation charge payments made, in the event that transportation service is unavailable due to reasons beyond Shipper's control. 2.3 Most Favored Nations: If at any time prior to the fifth anniversary of the In-Service Date, Transporter enters into a firm transportation agreement with a third party under Rate Schedule FTS and a negotiated or discounted rate agreement that is lower than the rates and from the Primary Points of Receipt to the Primary Points of Delivery set forth in the table below ("Lower Rate") as applicable, for a primary term of more than one (1) year, but less than fifteen ( 15) years (and for other than seasonal service), then Transporter shall offer to reduce Shipper's Negotiated Rate to a rate equal to the Lower Rate. Receipt Point: ORS Cadiz or MW Cadiz Delivery Point: Defiance Delivery Points Rate/Dth: $0.48 Receipt Point: ORS Cadiz or MW Cadiz Delivery Point: Trunkline Zone 1A Rate/Dth: $0.78 Receipt Point: ORS Cadiz or MW Cadiz Delivery Point: Dawn Rate/Dth: $0.75 ''Defiance Delivery Points" shall be the interconnections with Panhandle Eastern Pipeline Company, LP or ANR Pipeline Company, or any existing and future interconnections within fifteen ( 15) miles of the Panhandle-Defiance interconnection in the Mainline Zone. Notwithstanding the foregoing, prior to and for the first eighteen (18) months from the execution of the Fifth Amendment to the PA. Transporter shall be entitled to enter into firm transportation service agreements for up to an aggregate of 150,000 Dth/d, for any rate or term from the Receipt Points to the Delivery Points described in the table above without triggering its Most Favored Nations obligations hereunder. For further clarity, it is understood that this Most Favored Nations provision shall not apply to backhauls, to forward hauls on portions or segments of the original primary path, to any changes in Shipper's original primary points on Exhibit A, or to capacity resulting from an expansion of Transporter's facilities. | 70017 | I | SPZ | CADIZ-ORS | ANRWK | I | MLZ | ANR WESTRICK |
| 10/01/2021 | 05:55AM | 10001 | FTS | 10/01/2017 | 09/30/2032 | 10/01/2017 09:00AM | 10/01/2032 09:00AM | 1,050,000 | 3 | A | 079174372 | Ascent Resources - Utica, LLC | None | RES | 29.942900 | 23.506000 | COM | 0.016300 | 0.000000 | Yes | Shipper shall have a unilateral right to extend the term of the Finn Transportation Service Agreement up to four consecutive times for some portion or all of its MDQ beyond the Primary Term for a term of five (5) years per extension (each such extension an "Extended Term") or beyond any Extended Term for an additional Extended Term of five (5) years per extension upon notice to ROVER not less than six (6) months prior to the expiry of the Primary Term or any Extended Term. PRESSURE: Shipper will deliver Gas to Transporter, at the Receipt Point(s) set forth in Exhibit A of this original executed Firm Transportation Service Agreement, at a minimum pressure of 1,100 psig. Pursuant to GT&C Section 11.2, Shipper has a contractual right of first refusal to be exercised in accordance with the procedure set forth in GT&C Section 11.2. CREDIT PROVISIONS: Shipper, at all times, must satisfy the creditworthiness criteria, or otherwise provide such credit support, as set forth under this Exhibit B: (A) An entity shall be deemed "Creditworthy'' hereunder, as of a particular time, if: (i) its long-term unsecured debt securities, at such time, are rated at least BBB- by Standard & Poor's Ratings Services or its successor and at least Baa3 by Moody's Investor Services, Inc. or its successor or an equivalent rating by another nationally recognized credit rating service (any such rating, as applicable, a "Debt Rating"), without either Debt Rating being qualified by or subject to a ratings action indicating a negative short-term or long-term outlook; and; (ii) Transporter does not have other reasonable grounds for insecurity, as evaluated by Transporter on a non-discriminatory basis, based on consistent financial evaluation standards for determining the acceptability of such entity's overall financial condition. (B) If any of the Debt Ratings assigned to Shipper is deemed not "Creditworthy", then Shipper shall thereafter, either: (i) maintain an irrevocable, unconditional guaranty ("Guaranty") from a third party that is "Creditworthy"' and that is otherwise acceptable to Transporter, in Transporter's sole judgment (such third party, "Guarantor"), which Guaranty shall guarantee the full and faithful performance and payment of all of Shipper's obligations under the Precedent Agreement and this Firm Transportation Service Agreement and such Guaranty will remain outstanding for the benefit of the Transporter thought the term of the Precedent Agreement and Firm Transportation Service Agreement; or (ii) maintain a cash deposit or an irrevocable standby letter of credit (either, the “Credit Support”) that is in a form and from a bank acceptable to Transporter, in Transporter's sole judgment, in either case securing the full and faithful performance and payment of all of Shipper's obligations under the Precedent Agreement and the Firm Transportation Service Agreement, and in either case equal to: upon the latter of (a) commencement of ordering material or (b) August 31, 2014, the total aggregate dollar value of 12 months of reservation charges due from Shipper for the Contract MDQ under the Firm Transportation Service Agreement (iii) permit a first lien by Transporter to exist on the Shipper's and/or Shipper's designated affiliate's equity in the Pipeline Project, pursuant to the letter agreement between Energy Transfer Partners, L.P. ("ETP") and American Energy - Utica, LLC, dated as of June 25, 2014, which equity is the equivalent to Section (B)(i) or Section (B)(ii) of this Exhibit B in satisfying the full and faithful performance and payment of all of Shipper's obligations under the Precedent Agreement and the Finn Transportation Service Agreement. (iv) At any time during the term of the Precedent Agreement and the Firm Transportation Service Agreement, in the event (a) any of the Debt Ratings assigned to Shipper becomes qualified or impacted by a negative outlook, then the amount of Credit Support shall increase to the lesser of 18 months of reservation charges due from Shipper for the Maximum Contract MDQ or the number of months remaining under the Firm Transportation Service Agreement; or, in the event that (b) any of the Debt Ratings assigned to Shipper declines from the Debt Ratings assigned to Shipper as of the execution date of the Firm Transportation Service Agreement, the amount of Credit Support shall increase to the lesser of 24 months of reservation charges due from Shipper for the Maximum Contract MDQ or the number of months remaining in the term under the Firm Transportation Service Agreement. In the case of either (a) or (b), the Credit Support shall be issued and maintained by Shipper for the benefit of the Transporter throughout the term of the Precedent Agreement and Finn Transportation Service Agreement. Provided, however, if (a) or (b) above are no longer applicable, the amount of Credit Support required will revert to the appropriate level otherwise set forth in this Exhibit B. Notwithstanding the foregoing, Shipper will be allowed a grace period of one (I) year from the date this Exhibit 8 is executed to comply with the further credit support requirements of (a) or (b) above, if (a) or (b) occurs prior to the expiration of such grace period. (C) At any time while either the Precedent Agreement or the Firm Transportation Service Agreement is effective, if Transporter determines that, as of such time, (i) any Guarantor of Shipper is no longer "Creditworthy", or (ii) any bank that is supporting a letter of credit in favor of Transporter in accordance with Section (B)(ii} of this Exhibit B is no longer acceptable to Transporter, then Transporter may submit a written notice of such determination to Shipper (which notice shall provide Transporter's basis for such determination), and within five (5) business days after Shipper's receipt of such notice from Transporter, Shipper shall deliver to Transporter, and shall thereafter maintain, alternative Credit Support in accordance with either Section (B)(i) or Section (B)(ii) of this Exhibit B. (D) For any Credit Support in the form of an irrevocable standby letter of credit that is provided to Transporter pursuant to Section (B)(ii) of this Exhibit B (any such letter of credit, "Shipper's Letter of Credit"), such Shipper's Letter of Credit shall pem1it partial draws and shall have an expiry date no sooner than twelve (12) calendar months after issuance thereof. With respect to any Shipper's Letter of Credit, Shipper shall furnish extensions or replacements of such letter of credit thirty (30) days prior to the expiration thereof, from time to time until the expiration of both the Precedent Agreement and Firm Transportation Service Agreement. All extensions, amendments and replacements of any Shipper's Letter of Credit shall be delivered to Transporter in the form of such outstanding Shipper's Letter of Credit, or in form otherwise satisfactory to Transporter. Transporter shall have the right to draw against any outstanding Shipper's Letter of Credit upon: (a) failure to make payment when due under either the Precedent Agreement or the Firm Transportation Service Agreement; or (b) the failure or refusal of Shipper to deliver any applicable extension, amendment or replacement of an outstanding Shipper's Letter of Credit as provided herein. In the event of a draw in accordance with clause (a) of the preceding sentence, the proceeds of such draw shall be applied against any costs, expenses or damages incurred by Transporter. In the event of a draw due to the failure or refusal of Shipper to deliver any applicable extension, amendment or replacement of an outstanding Shipper's Letter of Credit, which draw may be in part or in whole, the proceeds of the draw shall be retained by Transporter until Transporter receives a replacement Shipper's Letter of Credit or until Transporter does in fact incur any costs, expenses or damages as a result of a breach by Shipper of any of its obligations under either the Precedent Agreement or the Finn Transportation Service Agreement (in which event, such monies shall be applied against the same). If drawn in part or in whole, Shipper shall immediately thereafter provide a replacement Shipper's Letter of Credit in an amount equal to the amount drawn by Transporter. Any draw made by Transporter under an outstanding Shipper's Letter of Credit shall not relieve Shipper of any liabilities, deficiencies, costs, expenses or damages beyond what is drawn under such Shipper's Letter of Credit. Shipper's Letter of Credit (representing any undrawn portion thereof), to the extent it still remains, or any Credit Support in the form of cash deposit held by Transporter shall be returned to Shipper on or before the thirtieth (30th) day after the later to occur of (i) the date on which both the Precedent Agreement and the Firm Transportation Service Agreement have terminated or expired and (ii) the date on which all of Shipper's performance and payment obligations under the Precedent Agreement and the Firm Transportation Service Agreement (including, without limitation. any damages arising from either such agreement) have been fulfilled. NEGOTIATED RATE PARAMETERS: 1.1 Negotiated Rate Term: The Negotiated Rates set forth in this Agreement shall remain in effect through the expiration of the Primary Term of the Firm Transportation Service Agreement and any extensions thereof. 1.2 Primary Term Reservation and Commodity Rates: For service provided by ROVER to Shipper from the Eligible Receipt Points to the Eligible Delivery Points, as defined below, for aggregate quantities not to exceed the MDQ. Shipper is not entitled to the Negotiated Rate for nominations or transport in excess of the applicable MDQ from any combination of receipt points or to any combination of delivery points. During the Primary Term of the Firm Transportation Service Agreement, Shipper shall pay ROVER the following Fixed Negotiated Reservation Rate and Fixed Negotiated Commodity Rate: (a) Fixed Negotiated Reservation Rate: (i) $0.7728/Dth for the portion of the contract MDQ with primary delivery points at Dawn and/or the Market Zone North, (ii) $0.5028/Dth for the portion of the contract MDQ with primary delivery points at the interconnections with Panhandle Eastern Pipeline Company, LP ("PEPL"), ANR Pipeline Company ("ANR") or any existing and future interconnections within fifteen (15) miles of the Panhandle-Defiance interconnection near Defiance, Ohio (the "Defiance Delivery Points'') in the Mainline Zone, and (iii) $0.8028/Dth for the portion of MDQ with primary delivery points in the Market Zone South. (b) Fixed Negotiated Commodity Rate: $0.00/Dth for deliveries to Defiance Delivery Points and Dawn Hub. Additionally, Shipper shall pay the applicable Panhandle Eastern Pipeline Company (''PEPL'') and/or Trunkline Gas Company ("TGC or Trunkline") Commodity Rates, if ROVER is required to contract for and/or lease from PEPL and TGC to reach these markets and those rates are assessed to ROVER, which rates may change from time to time, but currently are as follows: (I) PEPL: $0.0078/Dth for deliveries from ANR Defiance to PEPL Bourbon. (2) TGC: $0.0063/Dth for deliveries from PEPL Bourbon to TGC Zone 1 A. (c) The Fixed Negotiated Reservation Rate and Fixed Negotiated Commodity Rate shall remain fixed for the Primary Term of the Firm Transportation Service Agreement, regardless of any otherwise applicable maximum rate set forth in ROVER's FERC Gas Tariff and any extension beyond the primary term. 1.3 Eligible Primary Receipt Points. The Negotiated Rates shall apply to service provided to Shipper from the Primary Receipt Points specified in Exhibit A of the Firm Transportation Service Agreement or to any other Receipt Points in the same zone as the identified Primary Receipt Points, subject to available capacity for such other receipt point(s). 1.4 Eligible Secondary Receipt Points. The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis from all receipt points in the Supply Zone as follows: (a) Supply Zone - The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis from all receipt points within the Supply Zone up to the MDQ of such path. (b) Mainline Zone - The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis from all receipt points within the Mainline Zone up to the MDQ of such path. (c) Market Zone North-The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis from all receipt points within the Market Zone North up to the MDQ of such path. 1.5 Eligible Primary Delivery Points. The Negotiated Rates shall apply to service provided to Shipper to the Primary Delivery Points specified in Exhibit A of the Firm Transportation Service Agreement or to any other Delivery Points in the same zone as the identified Primary Delivery Points, subject to available capacity for such other delivery point(s). 1.6 Eligible Secondary Delivery Points. The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis as follows: (a) Market Zone North - Shipper shall have rights to secondary delivery points within the Supply Zone, Mainline Zone, and Market Zone North in accordance with the provisions of ROVER's FERC Gas Tariff. (b) Mainline Zone - Shipper shall have rights to secondary delivery points within the Supply Zone and the Mainline Zone in accordance with the provisions of ROVER's FERC Tariff. (c) Market Zone South - Shipper shall have rights to secondary delivery points within the Supply Zone, the Mainline Zone, and Market Zone South in accordance with the provisions of ROVER's FERC Gas Tariff. (d) Future Points - Shipper shall have the right to access current and future secondary points within Shipper's primary path. In addition Shipper, will have access to all future pooling or Hub locations within the same zones of Shipper's primary path(s). FUEL CAP: Shipper shall pay the Fuel Charges set forth in ROVER's Tariff provided, however, that the Fuel Charges shall be capped at 1.2% for deliveries from the Supply Zone to the Defiance Delivery Points or any other delivery point in the Mainline Zone, or 1.6% for deliveries to the Dawn Hub or any delivery point in the Market Zone North (“Fuel Cap"). The Fuel Cap is only applicable to Shipper's Primary Path as specified in Exhibit A of the original Firm Transportation Service Agreement and shall be in effect for the months in which Shipper is using at least 70% of its MDQ; provided, however, that Fuel Cap is also applicable if Shipper's use is less than 70% for reasons beyond Shipper's control, such as, but not limited to, Transporter maintenance, force majeure, or situations created by Transporter. In addition, for deliveries to the Market Zone South, Shipper shall also pay the applicable PEPL and/or TGC fuel rates, which are currently 1.62% and 0.3%, respectively, but may change from time to time; provided that such fuel is included as part of ROVER's agreement with the relevant pipeline to acquire capacity for service under ROVER's Tariff and Shipper transports natural gas through the ROVER system through that acquired capacity. Nothing in this Section shall be construed to preclude ROVER from charging to a deferral account for future recovery any amount by which the Fuel Charge of Shipper is above the Fuel Cap (the "Under Recovered Amounts"). In such situations, ROVER will charge Shipper a percentage equal to the Fuel Cap until the deferral account is reduced to zero or the end of the Negotiated Rate Term. MISCELLANEOUS PROVISION: 2.1 Applicable Maximum and Minimum Tariff Rates: Unless otherwise expressly provided in this Agreement, the Negotiated Rates shall apply to service provided by ROVER to Shipper for the term of the Firm Transportation Service Agreement, notwithstanding any otherwise applicable maximum or minimum rates set forth in ROVER's Tariff, as may be revised from time to time. 2.2 Refunds: In no event shall ROVER be required to refund to Shipper any amounts collected for service to which the Negotiated Rates apply, notwithstanding any otherwise applicable maximum or minimum rate set forth in ROVER's Tariff: provided, however, that Shipper shall not be required to make reservation charge payments, or will receive credits for any reservation charge payments made, in the event that transportation service is unavailable due to reasons beyond Shipper's control. 2.3 Most Favored Nations: If at any time prior to the fifth anniversary of the In-Service Date, Transporter enters into a firm transportation agreement with a third party under Rate Schedule FTS and a negotiated or discounted rate agreement that is lower than the rates and from the Primary Points of Receipt to the Primary Points of Delivery set forth in the table below ("Lower Rate") as applicable, for a primary term of more than one (1) year, but less than fifteen ( 15) years (and for other than seasonal service), then Transporter shall offer to reduce Shipper's Negotiated Rate to a rate equal to the Lower Rate. Receipt Point: ORS Cadiz or MW Cadiz Delivery Point: Defiance Delivery Points Rate/Dth: $0.48 Receipt Point: ORS Cadiz or MW Cadiz Delivery Point: Trunkline Zone 1A Rate/Dth: $0.78 Receipt Point: ORS Cadiz or MW Cadiz Delivery Point: Dawn Rate/Dth: $0.75 ''Defiance Delivery Points" shall be the interconnections with Panhandle Eastern Pipeline Company, LP or ANR Pipeline Company, or any existing and future interconnections within fifteen ( 15) miles of the Panhandle-Defiance interconnection in the Mainline Zone. Notwithstanding the foregoing, prior to and for the first eighteen (18) months from the execution of the Fifth Amendment to the PA. Transporter shall be entitled to enter into firm transportation service agreements for up to an aggregate of 150,000 Dth/d, for any rate or term from the Receipt Points to the Delivery Points described in the table above without triggering its Most Favored Nations obligations hereunder. For further clarity, it is understood that this Most Favored Nations provision shall not apply to backhauls, to forward hauls on portions or segments of the original primary path, to any changes in Shipper's original primary points on Exhibit A, or to capacity resulting from an expansion of Transporter's facilities. | 70017 | I | SPZ | CADIZ-ORS | DA101 | I | MZN | DAWN-ROVER HUB |
| 10/01/2021 | 05:55AM | 10001 | FTS | 10/01/2017 | 09/30/2032 | 10/01/2017 09:00AM | 10/01/2032 09:00AM | 1,050,000 | 3 | A | 079174372 | Ascent Resources - Utica, LLC | None | RES | 28.362400 | 28.362400 | COM | 0.020700 | 0.026800 | Yes | Shipper shall have a unilateral right to extend the term of the Finn Transportation Service Agreement up to four consecutive times for some portion or all of its MDQ beyond the Primary Term for a term of five (5) years per extension (each such extension an "Extended Term") or beyond any Extended Term for an additional Extended Term of five (5) years per extension upon notice to ROVER not less than six (6) months prior to the expiry of the Primary Term or any Extended Term. PRESSURE: Shipper will deliver Gas to Transporter, at the Receipt Point(s) set forth in Exhibit A of this original executed Firm Transportation Service Agreement, at a minimum pressure of 1,100 psig. Pursuant to GT&C Section 11.2, Shipper has a contractual right of first refusal to be exercised in accordance with the procedure set forth in GT&C Section 11.2. CREDIT PROVISIONS: Shipper, at all times, must satisfy the creditworthiness criteria, or otherwise provide such credit support, as set forth under this Exhibit B: (A) An entity shall be deemed "Creditworthy'' hereunder, as of a particular time, if: (i) its long-term unsecured debt securities, at such time, are rated at least BBB- by Standard & Poor's Ratings Services or its successor and at least Baa3 by Moody's Investor Services, Inc. or its successor or an equivalent rating by another nationally recognized credit rating service (any such rating, as applicable, a "Debt Rating"), without either Debt Rating being qualified by or subject to a ratings action indicating a negative short-term or long-term outlook; and; (ii) Transporter does not have other reasonable grounds for insecurity, as evaluated by Transporter on a non-discriminatory basis, based on consistent financial evaluation standards for determining the acceptability of such entity's overall financial condition. (B) If any of the Debt Ratings assigned to Shipper is deemed not "Creditworthy", then Shipper shall thereafter, either: (i) maintain an irrevocable, unconditional guaranty ("Guaranty") from a third party that is "Creditworthy"' and that is otherwise acceptable to Transporter, in Transporter's sole judgment (such third party, "Guarantor"), which Guaranty shall guarantee the full and faithful performance and payment of all of Shipper's obligations under the Precedent Agreement and this Firm Transportation Service Agreement and such Guaranty will remain outstanding for the benefit of the Transporter thought the term of the Precedent Agreement and Firm Transportation Service Agreement; or (ii) maintain a cash deposit or an irrevocable standby letter of credit (either, the “Credit Support”) that is in a form and from a bank acceptable to Transporter, in Transporter's sole judgment, in either case securing the full and faithful performance and payment of all of Shipper's obligations under the Precedent Agreement and the Firm Transportation Service Agreement, and in either case equal to: upon the latter of (a) commencement of ordering material or (b) August 31, 2014, the total aggregate dollar value of 12 months of reservation charges due from Shipper for the Contract MDQ under the Firm Transportation Service Agreement (iii) permit a first lien by Transporter to exist on the Shipper's and/or Shipper's designated affiliate's equity in the Pipeline Project, pursuant to the letter agreement between Energy Transfer Partners, L.P. ("ETP") and American Energy - Utica, LLC, dated as of June 25, 2014, which equity is the equivalent to Section (B)(i) or Section (B)(ii) of this Exhibit B in satisfying the full and faithful performance and payment of all of Shipper's obligations under the Precedent Agreement and the Finn Transportation Service Agreement. (iv) At any time during the term of the Precedent Agreement and the Firm Transportation Service Agreement, in the event (a) any of the Debt Ratings assigned to Shipper becomes qualified or impacted by a negative outlook, then the amount of Credit Support shall increase to the lesser of 18 months of reservation charges due from Shipper for the Maximum Contract MDQ or the number of months remaining under the Firm Transportation Service Agreement; or, in the event that (b) any of the Debt Ratings assigned to Shipper declines from the Debt Ratings assigned to Shipper as of the execution date of the Firm Transportation Service Agreement, the amount of Credit Support shall increase to the lesser of 24 months of reservation charges due from Shipper for the Maximum Contract MDQ or the number of months remaining in the term under the Firm Transportation Service Agreement. In the case of either (a) or (b), the Credit Support shall be issued and maintained by Shipper for the benefit of the Transporter throughout the term of the Precedent Agreement and Finn Transportation Service Agreement. Provided, however, if (a) or (b) above are no longer applicable, the amount of Credit Support required will revert to the appropriate level otherwise set forth in this Exhibit B. Notwithstanding the foregoing, Shipper will be allowed a grace period of one (I) year from the date this Exhibit 8 is executed to comply with the further credit support requirements of (a) or (b) above, if (a) or (b) occurs prior to the expiration of such grace period. (C) At any time while either the Precedent Agreement or the Firm Transportation Service Agreement is effective, if Transporter determines that, as of such time, (i) any Guarantor of Shipper is no longer "Creditworthy", or (ii) any bank that is supporting a letter of credit in favor of Transporter in accordance with Section (B)(ii} of this Exhibit B is no longer acceptable to Transporter, then Transporter may submit a written notice of such determination to Shipper (which notice shall provide Transporter's basis for such determination), and within five (5) business days after Shipper's receipt of such notice from Transporter, Shipper shall deliver to Transporter, and shall thereafter maintain, alternative Credit Support in accordance with either Section (B)(i) or Section (B)(ii) of this Exhibit B. (D) For any Credit Support in the form of an irrevocable standby letter of credit that is provided to Transporter pursuant to Section (B)(ii) of this Exhibit B (any such letter of credit, "Shipper's Letter of Credit"), such Shipper's Letter of Credit shall pem1it partial draws and shall have an expiry date no sooner than twelve (12) calendar months after issuance thereof. With respect to any Shipper's Letter of Credit, Shipper shall furnish extensions or replacements of such letter of credit thirty (30) days prior to the expiration thereof, from time to time until the expiration of both the Precedent Agreement and Firm Transportation Service Agreement. All extensions, amendments and replacements of any Shipper's Letter of Credit shall be delivered to Transporter in the form of such outstanding Shipper's Letter of Credit, or in form otherwise satisfactory to Transporter. Transporter shall have the right to draw against any outstanding Shipper's Letter of Credit upon: (a) failure to make payment when due under either the Precedent Agreement or the Firm Transportation Service Agreement; or (b) the failure or refusal of Shipper to deliver any applicable extension, amendment or replacement of an outstanding Shipper's Letter of Credit as provided herein. In the event of a draw in accordance with clause (a) of the preceding sentence, the proceeds of such draw shall be applied against any costs, expenses or damages incurred by Transporter. In the event of a draw due to the failure or refusal of Shipper to deliver any applicable extension, amendment or replacement of an outstanding Shipper's Letter of Credit, which draw may be in part or in whole, the proceeds of the draw shall be retained by Transporter until Transporter receives a replacement Shipper's Letter of Credit or until Transporter does in fact incur any costs, expenses or damages as a result of a breach by Shipper of any of its obligations under either the Precedent Agreement or the Finn Transportation Service Agreement (in which event, such monies shall be applied against the same). If drawn in part or in whole, Shipper shall immediately thereafter provide a replacement Shipper's Letter of Credit in an amount equal to the amount drawn by Transporter. Any draw made by Transporter under an outstanding Shipper's Letter of Credit shall not relieve Shipper of any liabilities, deficiencies, costs, expenses or damages beyond what is drawn under such Shipper's Letter of Credit. Shipper's Letter of Credit (representing any undrawn portion thereof), to the extent it still remains, or any Credit Support in the form of cash deposit held by Transporter shall be returned to Shipper on or before the thirtieth (30th) day after the later to occur of (i) the date on which both the Precedent Agreement and the Firm Transportation Service Agreement have terminated or expired and (ii) the date on which all of Shipper's performance and payment obligations under the Precedent Agreement and the Firm Transportation Service Agreement (including, without limitation. any damages arising from either such agreement) have been fulfilled. NEGOTIATED RATE PARAMETERS: 1.1 Negotiated Rate Term: The Negotiated Rates set forth in this Agreement shall remain in effect through the expiration of the Primary Term of the Firm Transportation Service Agreement and any extensions thereof. 1.2 Primary Term Reservation and Commodity Rates: For service provided by ROVER to Shipper from the Eligible Receipt Points to the Eligible Delivery Points, as defined below, for aggregate quantities not to exceed the MDQ. Shipper is not entitled to the Negotiated Rate for nominations or transport in excess of the applicable MDQ from any combination of receipt points or to any combination of delivery points. During the Primary Term of the Firm Transportation Service Agreement, Shipper shall pay ROVER the following Fixed Negotiated Reservation Rate and Fixed Negotiated Commodity Rate: (a) Fixed Negotiated Reservation Rate: (i) $0.7728/Dth for the portion of the contract MDQ with primary delivery points at Dawn and/or the Market Zone North, (ii) $0.5028/Dth for the portion of the contract MDQ with primary delivery points at the interconnections with Panhandle Eastern Pipeline Company, LP ("PEPL"), ANR Pipeline Company ("ANR") or any existing and future interconnections within fifteen (15) miles of the Panhandle-Defiance interconnection near Defiance, Ohio (the "Defiance Delivery Points'') in the Mainline Zone, and (iii) $0.8028/Dth for the portion of MDQ with primary delivery points in the Market Zone South. (b) Fixed Negotiated Commodity Rate: $0.00/Dth for deliveries to Defiance Delivery Points and Dawn Hub. Additionally, Shipper shall pay the applicable Panhandle Eastern Pipeline Company (''PEPL'') and/or Trunkline Gas Company ("TGC or Trunkline") Commodity Rates, if ROVER is required to contract for and/or lease from PEPL and TGC to reach these markets and those rates are assessed to ROVER, which rates may change from time to time, but currently are as follows: (I) PEPL: $0.0078/Dth for deliveries from ANR Defiance to PEPL Bourbon. (2) TGC: $0.0063/Dth for deliveries from PEPL Bourbon to TGC Zone 1 A. (c) The Fixed Negotiated Reservation Rate and Fixed Negotiated Commodity Rate shall remain fixed for the Primary Term of the Firm Transportation Service Agreement, regardless of any otherwise applicable maximum rate set forth in ROVER's FERC Gas Tariff and any extension beyond the primary term. 1.3 Eligible Primary Receipt Points. The Negotiated Rates shall apply to service provided to Shipper from the Primary Receipt Points specified in Exhibit A of the Firm Transportation Service Agreement or to any other Receipt Points in the same zone as the identified Primary Receipt Points, subject to available capacity for such other receipt point(s). 1.4 Eligible Secondary Receipt Points. The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis from all receipt points in the Supply Zone as follows: (a) Supply Zone - The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis from all receipt points within the Supply Zone up to the MDQ of such path. (b) Mainline Zone - The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis from all receipt points within the Mainline Zone up to the MDQ of such path. (c) Market Zone North-The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis from all receipt points within the Market Zone North up to the MDQ of such path. 1.5 Eligible Primary Delivery Points. The Negotiated Rates shall apply to service provided to Shipper to the Primary Delivery Points specified in Exhibit A of the Firm Transportation Service Agreement or to any other Delivery Points in the same zone as the identified Primary Delivery Points, subject to available capacity for such other delivery point(s). 1.6 Eligible Secondary Delivery Points. The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis as follows: (a) Market Zone North - Shipper shall have rights to secondary delivery points within the Supply Zone, Mainline Zone, and Market Zone North in accordance with the provisions of ROVER's FERC Gas Tariff. (b) Mainline Zone - Shipper shall have rights to secondary delivery points within the Supply Zone and the Mainline Zone in accordance with the provisions of ROVER's FERC Tariff. (c) Market Zone South - Shipper shall have rights to secondary delivery points within the Supply Zone, the Mainline Zone, and Market Zone South in accordance with the provisions of ROVER's FERC Gas Tariff. (d) Future Points - Shipper shall have the right to access current and future secondary points within Shipper's primary path. In addition Shipper, will have access to all future pooling or Hub locations within the same zones of Shipper's primary path(s). FUEL CAP: Shipper shall pay the Fuel Charges set forth in ROVER's Tariff provided, however, that the Fuel Charges shall be capped at 1.2% for deliveries from the Supply Zone to the Defiance Delivery Points or any other delivery point in the Mainline Zone, or 1.6% for deliveries to the Dawn Hub or any delivery point in the Market Zone North (“Fuel Cap"). The Fuel Cap is only applicable to Shipper's Primary Path as specified in Exhibit A of the original Firm Transportation Service Agreement and shall be in effect for the months in which Shipper is using at least 70% of its MDQ; provided, however, that Fuel Cap is also applicable if Shipper's use is less than 70% for reasons beyond Shipper's control, such as, but not limited to, Transporter maintenance, force majeure, or situations created by Transporter. In addition, for deliveries to the Market Zone South, Shipper shall also pay the applicable PEPL and/or TGC fuel rates, which are currently 1.62% and 0.3%, respectively, but may change from time to time; provided that such fuel is included as part of ROVER's agreement with the relevant pipeline to acquire capacity for service under ROVER's Tariff and Shipper transports natural gas through the ROVER system through that acquired capacity. Nothing in this Section shall be construed to preclude ROVER from charging to a deferral account for future recovery any amount by which the Fuel Charge of Shipper is above the Fuel Cap (the "Under Recovered Amounts"). In such situations, ROVER will charge Shipper a percentage equal to the Fuel Cap until the deferral account is reduced to zero or the end of the Negotiated Rate Term. MISCELLANEOUS PROVISION: 2.1 Applicable Maximum and Minimum Tariff Rates: Unless otherwise expressly provided in this Agreement, the Negotiated Rates shall apply to service provided by ROVER to Shipper for the term of the Firm Transportation Service Agreement, notwithstanding any otherwise applicable maximum or minimum rates set forth in ROVER's Tariff, as may be revised from time to time. 2.2 Refunds: In no event shall ROVER be required to refund to Shipper any amounts collected for service to which the Negotiated Rates apply, notwithstanding any otherwise applicable maximum or minimum rate set forth in ROVER's Tariff: provided, however, that Shipper shall not be required to make reservation charge payments, or will receive credits for any reservation charge payments made, in the event that transportation service is unavailable due to reasons beyond Shipper's control. 2.3 Most Favored Nations: If at any time prior to the fifth anniversary of the In-Service Date, Transporter enters into a firm transportation agreement with a third party under Rate Schedule FTS and a negotiated or discounted rate agreement that is lower than the rates and from the Primary Points of Receipt to the Primary Points of Delivery set forth in the table below ("Lower Rate") as applicable, for a primary term of more than one (1) year, but less than fifteen ( 15) years (and for other than seasonal service), then Transporter shall offer to reduce Shipper's Negotiated Rate to a rate equal to the Lower Rate. Receipt Point: ORS Cadiz or MW Cadiz Delivery Point: Defiance Delivery Points Rate/Dth: $0.48 Receipt Point: ORS Cadiz or MW Cadiz Delivery Point: Trunkline Zone 1A Rate/Dth: $0.78 Receipt Point: ORS Cadiz or MW Cadiz Delivery Point: Dawn Rate/Dth: $0.75 ''Defiance Delivery Points" shall be the interconnections with Panhandle Eastern Pipeline Company, LP or ANR Pipeline Company, or any existing and future interconnections within fifteen ( 15) miles of the Panhandle-Defiance interconnection in the Mainline Zone. Notwithstanding the foregoing, prior to and for the first eighteen (18) months from the execution of the Fifth Amendment to the PA. Transporter shall be entitled to enter into firm transportation service agreements for up to an aggregate of 150,000 Dth/d, for any rate or term from the Receipt Points to the Delivery Points described in the table above without triggering its Most Favored Nations obligations hereunder. For further clarity, it is understood that this Most Favored Nations provision shall not apply to backhauls, to forward hauls on portions or segments of the original primary path, to any changes in Shipper's original primary points on Exhibit A, or to capacity resulting from an expansion of Transporter's facilities. | 70017 | I | SPZ | CADIZ-ORS | RA001 | L | MZS | RA001 |
| 10/01/2021 | 06:09AM | 10002 | FTS | 06/01/2018 | 05/31/2033 | 06/01/2018 09:00AM | 06/01/2033 09:00AM | 150,000 | 3 | A | 967770660 | SWN Energy Services Company, LLC | None | RES | 29.942900 | 24.333333 | COM | 0.016300 | 0.000000 | Yes | PRESSURE: Shipper will deliver Gas to Transporter, at the Receipt Point(s) set forth in Exhibit A of this Transportation Agreement, at prevailing system pressures not to exceed 1,150 psig. Pursuant to GT&C Section 11.2, Shipper has a contractual right of first refusal to be exercised in accordance with the procedure set forth in GT&C Section 11.2. CREDIT PROVISIONS: Shipper, at all times, must satisfy the creditworthiness criteria, or otherwise provide such credit support, as set forth under this Exhibit B: (A) An entity shall be deemed "Creditworthy" hereunder, as of a particular time, if: (i) its long-term unsecured debt securities, at such time, ore rated at least BBB- by Standard & Poor's Ratings Services or its successor and at least Baa by Moody's Investor Services, Inc. or its successor or an equivalent rating by another nationally recognized credit rating service (any such rating, as applicable, a ''Debt Rating"), without any Debt Rating being qualified by or subject to a ratings action indicating a negative short-term or long-term outlook; and; (ii) Transporter does not have other reasonable grounds for insecurity, as evaluated by Transporter on a non-discriminatory basis, based on consistent financial evaluation standards for determining the acceptability of such entity's overall financial condition. (B) If any of the Debt Ratings assigned to Shipper is deemed not "Creditworthy", then Shipper shall thereafter maintain, either: (i) an irrevocable, unconditional guaranty in the form set forth in Appendix "A" hereof ("Guaranty"), from a third party that is "Creditworthy" and that is otherwise acceptable to Transporter, in Transporter's sole judgment (such third party, "Guarantor"), which Guaranty shall guarantee the full and faithful performance and payment of all of Shipper's obligations under the Precedent Agreement and this FTS Agreement any such Guaranty will remain outstanding for the benefit of the Transporter throughout the term of the Precedent Agreement and FTS Agreement; or (ii) a cash deposit; or an irrevocable standby letter of credit that is in a form and from a bank acceptable to Transporter, in Transporter's sole judgment; or other acceptable form of credit that is in a form acceptable to Transporter, in Transporter's sole judgement, in either of the three cases securing the full and faithful performance and payment of all of Shipper's obligations under the Precedent Agreement and this FTS Agreement ("Credit Support"), on or after August 31, 2015, equal to the total aggregate dollar value of 12 months of reservation charges due from Shipper for the Contract MDQ under this FTS Agreement, unless Transporter in its sole discretion determines that a lesser amount of Credit Support is required. The Credit Support shall be issued and maintained by Shipper, or a third party as provided for in (B)(i) above, for the benefit of the Transporter throughout the term of the Precedent Agreement and FTS Agreement, as may be extended from time to time. (iii) At any time during the term of the Precedent Agreement and this FTS Agreement, in the event (a) any of the Debt Ratings assigned to Shipper becomes qualified or impacted by a negative outlook as compared to the outlook at the time the Precedent Agreement was signed, then the amount of Credit Support shall increase to the lesser of 18 months of reservation charges due from Shipper for the Contract MDQ or the number of months remaining under this FTS Agreement; or, in the event that (b) any of the Debt Ratings assigned to Shipper declines from the Debt Ratings assigned to Shipper as of the execution date of the Precedent Agreement and the FTS Agreement, the amount of Credit Support shall increase to the lessor of 24 months of reservation charges due from Shipper for the Contract MDQ or the number of months remaining in the term of this FTS Agreement. In the case of either (a) or (b), the Credit Support shall be issued and maintained by Shipper for the benefit of the Transporter throughout the term of the Precedent Agreement and FTS Agreement. (C) At any time while either the Precedent Agreement or this FTS Agreement is effective, if Transporter determines that, as of such time, (i) any Guarantor of Shipper is no longer "Creditworthy", or (ii) any bank that is supporting a letter of credit in favor of Transporter in accordance with Exhibit B(B)(ii) hereof is no longer acceptable to Transporter, then Transporter may submit a written notice of such determination to Shipper (which notice shall provide Transporter's basis for such determination), and within five (5) business days after Shipper's receipt of such notice from Transporter, Shipper shall deliver to Transporter, and shall thereafter maintain, alternative Credit Support in accordance with either Exhibit B(B)(i) or Exhibit B(B(ii). (D) For any Credit Support in the form of an irrevocable standby letter of credit that is provided to Transporter pursuant to Exhibit B(B)(ii) (any such letter of credit, "Shipper's Letter of Credit"), such Shipper's Letter of Credit shall permit partial draws and shall have an expiry date no sooner than twelve (12) calendar months after issuance thereof. With respect to any Shipper's Letter of Credit, Shipper shall furnish extensions or replacements of such letter of credit thirty (30) days prior to the expiration thereof, from time to time until the expiration of both the Precedent Agreement and FTS Agreement. All extensions, amendments and replacements of any Shipper's Letter of Credit shall be delivered to Transporter in the form of such outstanding Shipper's Letter of Credit, or in form otherwise satisfactory to Transporter. Transporter shall have the right to draw against any outstanding Shipper's Letter of Credit upon: (a) failure to make payment when due under either the Precedent Agreement or this FTS Agreement; or (b) the failure or refusal of Shipper to deliver any applicable extension, amendment or replacement of an outstanding Shipper's Letter of Credit as provided herein. In the event of a draw in accordance with clause (a) of the preceding sentence, the proceeds of such draw shall be applied against any costs, expenses or damages incurred by Transporter. ln the event of a draw due to the failure or refusal of Shipper to deliver any applicable extension, amendment or replacement of an outstanding Shipper's Letter of Credit, which draw may be in part or in whole, the proceeds of the draw shall be retained by Transporter until Transporter receives a replacement Shipper's Letter of Credit or until Transporter does in fact incur any costs, expenses or damages as a result of 11 breach by Shipper of any of its obligations under either the Precedent Agreement or this FTS Agreement (in which event, such monies shall be applied against the same). If drawn in part or in whole, Shipper shall immediately thereafter provide a replacement Shipper's Letter of Credit in an amount equal to the amount drawn by Transporter. Any draw made by Transporter under an outstanding Shipper's Letter of Credit shall not relieve Shipper of any liabilities, deficiencies, costs, expenses or damages beyond what is drawn under such Shipper's Letter of Credit. Shipper's Letter of Credit (representing any undrawn portion thereof), to the extent it still remains, or any Credit Support in the form of cash deposit held by Transporter shall be returned to Shipper on or before the thirtieth (30th) day after the later to occur of (i) the date on which both the Precedent Agreement and the FTS Agreement have terminated or expired and (ii) the date on which all of Shipper's performance and payment obligations under the Precedent Agreement and the FTS Agreement (including, without limitation, any damages arising from either such agreement) have been fulfilled. NEGOTIATED RATE PARAMETERS: Negotiated Rate Term. The Negotiated Rates set forth in this Agreement shall remain in effect through the expiration of the Primary Term of the Transportation Agreement. 1.2 Primary Term Reservation and Commodity Rates. (a) For service provided by ROVER to Shipper from the Eligible Receipt Points to the Eligible Delivery Points, as defined below, for aggregate quantities not to exceed the MDQ, during the Primary Term of the Transportation Agreement, Shipper shall pay ROVER the following Fixed Negotiated Base Reservation Rate and Fixed Negotiated Base Commodity Rate: (I) Fixed Negotiated Reservation Rate: (i) $0.80/Dth for the portion of the contract MDQ with a primary receipt point at Clarington and primary delivery points at Dawn and/or the Market Zone North and $0.84/Dth for the portion of the contract MDQ with a primary receipt point at the Berne Processing Plant and primary delivery points at Dawn and (ii) $0.82/Dth for the portion of the contract MDQ with a primary receipt point at Clarington and primary delivery points in the Market Zone South and $0.86/Dth for the portion of the contract MDQ with a primary receipt point at the Berne Processing Plant and primary delivery points in the Market Zone South. (2) Fixed Negotiated Commodity Rate: $0.00/Dth for deliveries to the Market Zone North. Additionally, Shipper shall pay the applicable Panhandle Eastern Pipeline Company, LP ("PEPL") and Trunkline Gas Company, LLC ("TGC'') rates for deliveries to the Market Zone South, which are currently $0.0081/Dth and $0.0106/Dth, which rates may change from time to time, (plus the applicable ACA), respectively. (b) The Fixed Negotiated Reservation Rate and Fixed Negotiated Base Commodity Rate shall remain fixed for the Primary Term of this Transportation Agreement, regardless of any otherwise applicable maximum or minimum rate set forth in ROVER's Tariff. (c) Shipper is not entitled to the Negotiated Rate for nominations or transport in excess of the MDQ from any combination of receipt points or to any combination of delivery points. 1.3 Eligible Primary Receipt Points. The Negotiated Rates shall apply to service provided to Shipper from the Primary Receipt Points specified in Exhibit A of this Transportation Agreement. 1.4 Eligible Secondary Receipt Points. The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis from all receipt points in the Supply Zone. 1.5 Eligible Primary Delivery Points. The Negotiated Rates shall apply to service provided to Shipper to the Primary Delivery Points specified in Exhibit A of this Transportation Agreement. 1.6 Eligible Secondary Delivery Points. The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis as follows: (a) Dawn Primary Path - The Negotiated Rates shall apply to service provided to Shippers on a secondary firm basis to all delivery points within the Dawn primary path up to the MDQ of such path. (b) Market Zone South Path - The Negotiated Rates shall apply to service provided to Shippers on a secondary firm basis within the Supply Zone and Mainline Zone up to the MDQ of such path. FUEL CAP: Shipper shall pay the Fuel Charges set forth in ROVER's Tariff provided, however, that Fuel Charges shall be capped at 1.2% for deliveries from Shipper's Primary Receipt-Points to the Midwest Hub, or 1.6% for deliveries from Shipper's Primary Receipt Point(s) to the Market Zone North ("Fuel Cap"). The Fuel Cap is only applicable to Shipper's Primary Path as specified in Exhibit A of this Transportation Agreement and shall be in effect for time periods in which Shipper's utilization averages at least 70% of its MDQ. Shipper shall pay the applicable PEPL and/or TGC fuel rates, which are currently 1.62% and 0.3%, respectively, but may change from time to time. Nothing in this Section shall be construed to preclude ROVER from charging ton deferral account for future recovery any amount by which the Fuel Charge of Shipper is above the Fuel Cap (the "Under Recovered Amounts"). In such situations, ROVER will charge Shipper a percentage equal to the Fuel Cap until the deferral account is reduced to zero. MISCELLANEOUS PROVISIONS: 2.1 Applicable Maximum and Minimum Tariff Rates. Unless otherwise expressly provided in this Agreement, the Negotiated Rates shall apply to service provided by ROVER to Shipper for the term of the Transportation Agreement, notwithstanding any otherwise applicable maximum or minimum rates set forth in ROVER's Tariff, as may be revised from time to time. 2.2 Refunds. In no event shall ROVER be required to refund to Shipper any amounts collected for service to which the Negotiated Rates apply, notwithstanding any otherwise applicable maximum or minimum rate set forth in ROVER's Tariff. | 70011 | I | SPZ | CLARINGTON-EUREKA | DA101 | I | MZN | DAWN-ROVER HUB |
| 10/01/2021 | 06:09AM | 10002 | FTS | 06/01/2018 | 05/31/2033 | 06/01/2018 09:00AM | 06/01/2033 09:00AM | 150,000 | 3 | A | 967770660 | SWN Energy Services Company, LLC | None | RES | 28.362400 | 26.158333 | COM | 0.020700 | 0.026800 | Yes | PRESSURE: Shipper will deliver Gas to Transporter, at the Receipt Point(s) set forth in Exhibit A of this Transportation Agreement, at prevailing system pressures not to exceed 1,150 psig. Pursuant to GT&C Section 11.2, Shipper has a contractual right of first refusal to be exercised in accordance with the procedure set forth in GT&C Section 11.2. CREDIT PROVISIONS: Shipper, at all times, must satisfy the creditworthiness criteria, or otherwise provide such credit support, as set forth under this Exhibit B: (A) An entity shall be deemed "Creditworthy" hereunder, as of a particular time, if: (i) its long-term unsecured debt securities, at such time, ore rated at least BBB- by Standard & Poor's Ratings Services or its successor and at least Baa by Moody's Investor Services, Inc. or its successor or an equivalent rating by another nationally recognized credit rating service (any such rating, as applicable, a ''Debt Rating"), without any Debt Rating being qualified by or subject to a ratings action indicating a negative short-term or long-term outlook; and; (ii) Transporter does not have other reasonable grounds for insecurity, as evaluated by Transporter on a non-discriminatory basis, based on consistent financial evaluation standards for determining the acceptability of such entity's overall financial condition. (B) If any of the Debt Ratings assigned to Shipper is deemed not "Creditworthy", then Shipper shall thereafter maintain, either: (i) an irrevocable, unconditional guaranty in the form set forth in Appendix "A" hereof ("Guaranty"), from a third party that is "Creditworthy" and that is otherwise acceptable to Transporter, in Transporter's sole judgment (such third party, "Guarantor"), which Guaranty shall guarantee the full and faithful performance and payment of all of Shipper's obligations under the Precedent Agreement and this FTS Agreement any such Guaranty will remain outstanding for the benefit of the Transporter throughout the term of the Precedent Agreement and FTS Agreement; or (ii) a cash deposit; or an irrevocable standby letter of credit that is in a form and from a bank acceptable to Transporter, in Transporter's sole judgment; or other acceptable form of credit that is in a form acceptable to Transporter, in Transporter's sole judgement, in either of the three cases securing the full and faithful performance and payment of all of Shipper's obligations under the Precedent Agreement and this FTS Agreement ("Credit Support"), on or after August 31, 2015, equal to the total aggregate dollar value of 12 months of reservation charges due from Shipper for the Contract MDQ under this FTS Agreement, unless Transporter in its sole discretion determines that a lesser amount of Credit Support is required. The Credit Support shall be issued and maintained by Shipper, or a third party as provided for in (B)(i) above, for the benefit of the Transporter throughout the term of the Precedent Agreement and FTS Agreement, as may be extended from time to time. (iii) At any time during the term of the Precedent Agreement and this FTS Agreement, in the event (a) any of the Debt Ratings assigned to Shipper becomes qualified or impacted by a negative outlook as compared to the outlook at the time the Precedent Agreement was signed, then the amount of Credit Support shall increase to the lesser of 18 months of reservation charges due from Shipper for the Contract MDQ or the number of months remaining under this FTS Agreement; or, in the event that (b) any of the Debt Ratings assigned to Shipper declines from the Debt Ratings assigned to Shipper as of the execution date of the Precedent Agreement and the FTS Agreement, the amount of Credit Support shall increase to the lessor of 24 months of reservation charges due from Shipper for the Contract MDQ or the number of months remaining in the term of this FTS Agreement. In the case of either (a) or (b), the Credit Support shall be issued and maintained by Shipper for the benefit of the Transporter throughout the term of the Precedent Agreement and FTS Agreement. (C) At any time while either the Precedent Agreement or this FTS Agreement is effective, if Transporter determines that, as of such time, (i) any Guarantor of Shipper is no longer "Creditworthy", or (ii) any bank that is supporting a letter of credit in favor of Transporter in accordance with Exhibit B(B)(ii) hereof is no longer acceptable to Transporter, then Transporter may submit a written notice of such determination to Shipper (which notice shall provide Transporter's basis for such determination), and within five (5) business days after Shipper's receipt of such notice from Transporter, Shipper shall deliver to Transporter, and shall thereafter maintain, alternative Credit Support in accordance with either Exhibit B(B)(i) or Exhibit B(B(ii). (D) For any Credit Support in the form of an irrevocable standby letter of credit that is provided to Transporter pursuant to Exhibit B(B)(ii) (any such letter of credit, "Shipper's Letter of Credit"), such Shipper's Letter of Credit shall permit partial draws and shall have an expiry date no sooner than twelve (12) calendar months after issuance thereof. With respect to any Shipper's Letter of Credit, Shipper shall furnish extensions or replacements of such letter of credit thirty (30) days prior to the expiration thereof, from time to time until the expiration of both the Precedent Agreement and FTS Agreement. All extensions, amendments and replacements of any Shipper's Letter of Credit shall be delivered to Transporter in the form of such outstanding Shipper's Letter of Credit, or in form otherwise satisfactory to Transporter. Transporter shall have the right to draw against any outstanding Shipper's Letter of Credit upon: (a) failure to make payment when due under either the Precedent Agreement or this FTS Agreement; or (b) the failure or refusal of Shipper to deliver any applicable extension, amendment or replacement of an outstanding Shipper's Letter of Credit as provided herein. In the event of a draw in accordance with clause (a) of the preceding sentence, the proceeds of such draw shall be applied against any costs, expenses or damages incurred by Transporter. ln the event of a draw due to the failure or refusal of Shipper to deliver any applicable extension, amendment or replacement of an outstanding Shipper's Letter of Credit, which draw may be in part or in whole, the proceeds of the draw shall be retained by Transporter until Transporter receives a replacement Shipper's Letter of Credit or until Transporter does in fact incur any costs, expenses or damages as a result of 11 breach by Shipper of any of its obligations under either the Precedent Agreement or this FTS Agreement (in which event, such monies shall be applied against the same). If drawn in part or in whole, Shipper shall immediately thereafter provide a replacement Shipper's Letter of Credit in an amount equal to the amount drawn by Transporter. Any draw made by Transporter under an outstanding Shipper's Letter of Credit shall not relieve Shipper of any liabilities, deficiencies, costs, expenses or damages beyond what is drawn under such Shipper's Letter of Credit. Shipper's Letter of Credit (representing any undrawn portion thereof), to the extent it still remains, or any Credit Support in the form of cash deposit held by Transporter shall be returned to Shipper on or before the thirtieth (30th) day after the later to occur of (i) the date on which both the Precedent Agreement and the FTS Agreement have terminated or expired and (ii) the date on which all of Shipper's performance and payment obligations under the Precedent Agreement and the FTS Agreement (including, without limitation, any damages arising from either such agreement) have been fulfilled. NEGOTIATED RATE PARAMETERS: Negotiated Rate Term. The Negotiated Rates set forth in this Agreement shall remain in effect through the expiration of the Primary Term of the Transportation Agreement. 1.2 Primary Term Reservation and Commodity Rates. (a) For service provided by ROVER to Shipper from the Eligible Receipt Points to the Eligible Delivery Points, as defined below, for aggregate quantities not to exceed the MDQ, during the Primary Term of the Transportation Agreement, Shipper shall pay ROVER the following Fixed Negotiated Base Reservation Rate and Fixed Negotiated Base Commodity Rate: (I) Fixed Negotiated Reservation Rate: (i) $0.80/Dth for the portion of the contract MDQ with a primary receipt point at Clarington and primary delivery points at Dawn and/or the Market Zone North and $0.84/Dth for the portion of the contract MDQ with a primary receipt point at the Berne Processing Plant and primary delivery points at Dawn and (ii) $0.82/Dth for the portion of the contract MDQ with a primary receipt point at Clarington and primary delivery points in the Market Zone South and $0.86/Dth for the portion of the contract MDQ with a primary receipt point at the Berne Processing Plant and primary delivery points in the Market Zone South. (2) Fixed Negotiated Commodity Rate: $0.00/Dth for deliveries to the Market Zone North. Additionally, Shipper shall pay the applicable Panhandle Eastern Pipeline Company, LP ("PEPL") and Trunkline Gas Company, LLC ("TGC'') rates for deliveries to the Market Zone South, which are currently $0.0081/Dth and $0.0106/Dth, which rates may change from time to time, (plus the applicable ACA), respectively. (b) The Fixed Negotiated Reservation Rate and Fixed Negotiated Base Commodity Rate shall remain fixed for the Primary Term of this Transportation Agreement, regardless of any otherwise applicable maximum or minimum rate set forth in ROVER's Tariff. (c) Shipper is not entitled to the Negotiated Rate for nominations or transport in excess of the MDQ from any combination of receipt points or to any combination of delivery points. 1.3 Eligible Primary Receipt Points. The Negotiated Rates shall apply to service provided to Shipper from the Primary Receipt Points specified in Exhibit A of this Transportation Agreement. 1.4 Eligible Secondary Receipt Points. The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis from all receipt points in the Supply Zone. 1.5 Eligible Primary Delivery Points. The Negotiated Rates shall apply to service provided to Shipper to the Primary Delivery Points specified in Exhibit A of this Transportation Agreement. 1.6 Eligible Secondary Delivery Points. The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis as follows: (a) Dawn Primary Path - The Negotiated Rates shall apply to service provided to Shippers on a secondary firm basis to all delivery points within the Dawn primary path up to the MDQ of such path. (b) Market Zone South Path - The Negotiated Rates shall apply to service provided to Shippers on a secondary firm basis within the Supply Zone and Mainline Zone up to the MDQ of such path. FUEL CAP: Shipper shall pay the Fuel Charges set forth in ROVER's Tariff provided, however, that Fuel Charges shall be capped at 1.2% for deliveries from Shipper's Primary Receipt-Points to the Midwest Hub, or 1.6% for deliveries from Shipper's Primary Receipt Point(s) to the Market Zone North ("Fuel Cap"). The Fuel Cap is only applicable to Shipper's Primary Path as specified in Exhibit A of this Transportation Agreement and shall be in effect for time periods in which Shipper's utilization averages at least 70% of its MDQ. Shipper shall pay the applicable PEPL and/or TGC fuel rates, which are currently 1.62% and 0.3%, respectively, but may change from time to time. Nothing in this Section shall be construed to preclude ROVER from charging ton deferral account for future recovery any amount by which the Fuel Charge of Shipper is above the Fuel Cap (the "Under Recovered Amounts"). In such situations, ROVER will charge Shipper a percentage equal to the Fuel Cap until the deferral account is reduced to zero. MISCELLANEOUS PROVISIONS: 2.1 Applicable Maximum and Minimum Tariff Rates. Unless otherwise expressly provided in this Agreement, the Negotiated Rates shall apply to service provided by ROVER to Shipper for the term of the Transportation Agreement, notwithstanding any otherwise applicable maximum or minimum rates set forth in ROVER's Tariff, as may be revised from time to time. 2.2 Refunds. In no event shall ROVER be required to refund to Shipper any amounts collected for service to which the Negotiated Rates apply, notwithstanding any otherwise applicable maximum or minimum rate set forth in ROVER's Tariff. | 70016 | I | SPZ | BERNE | RA002 | L | MZS | RA002 |
| 10/01/2021 | 06:14AM | 10005 | FTS | 09/01/2017 | 05/31/2033 | 09/01/2017 09:00AM | 06/01/2033 09:00AM | 150,000 | 3 | A | 004850660 | Gulfport Energy Corporation | None | RES | 29.942900 | 19.770833 | COM | 0.016300 | 0.000000 | Yes | PRESSURE: Clarington Receipt Point: Shipper will deliver Gas to Transporter, all the Receipt Point(s) set forth in Exhibit A of this original executed Transportation Agreement, at prevailing system pressures not to exceed 1,440 psig. RGP (Cadiz) Receipt Point: Shipper will deliver Gas to Transporter, at the Receipt Point(s) set forth in Exhibit A of this original executed Transportation Agreement, at prevailing system pressures of at least 1,100 psig. SATISFACTION OF CONDITIONS PRECEDENT: Except for the Conditions Precedent set forth in Sections 7(f), 7(g), and 8(a), Shipper and Transporter acknowledge and agree that all Conditions Precedent as set forth in the Precedent Agreement between the Shipper and Transporter dated July 24, 2014 have been satisfied or waived and are of no further force and effect. Pursuant to GT &C Section 11.2, Shipper has a contractual right of first refusal to be exercised in accordance with the procedure set forth in GT &C Section 11.2. CREDIT PROVISIONS: Shipper, at all times, must satisfy the creditworthiness criteria, or otherwise provide such credit support, as set forth under this Exhibit B: (A) An entity shall be deemed "Creditworthy" hereunder, as of a particular time, if: (i) its long-term unsecured debt securities, at such time, are rated at least BBB- by Standard & Poor's Ratings Services or its successor and at least Baa3 by Moody's Investor Services, Inc. or its successor or an equivalent rating by another nationally recognized credit rating service (any such rating, as applicable, a "Debt Rating"), without any Debt Rating being qualified by or subject to a ratings action indicating a negative short-term or long-term outlook; and; (ii) Transporter does not have other reasonable grounds for insecurity, as evaluated by Transporter on a non-discriminatory basis, based on consistent financial evaluation standards for determining the acceptability of such entity's overall financial condition. (B) If any of the Debt Ratings assigned to Shipper is deemed not "Creditworthy", then Shipper shall thereafter maintain, at Shipper's option, either: (i) an irrevocable, unconditional guaranty in the form set forth in Appendix "A" hereof ("Guaranty"), from a third party that is "Creditworthy" and that is otherwise acceptable to Transporter, in Transporter's sole judgment (such third party, "Guarantor"), which Guaranty shall guarantee the full payment of all of Shipper's obligations under this Precedent Agreement and the FTS Agreement. Any such Guaranty will remain outstanding for the benefit of the Transporter throughout the term of the Precedent Agreement and the Primary Term of the FTS Agreement; or (H) a cash deposit or an irrevocable standby letter of credit that is in a form and from a bank acceptable to Transporter, in Transporter's sole judgment; or other acceptable form of credit that is in a form acceptable to Transporter, in Transporter's sole judgment, in either of the three cases securing the full payment of all of Shipper's obligations under this Precedent Agreement and the FTS Agreement ("Credit Support"), on or after August 31, 2015, equal to the total aggregate dollar value of 12 months of reservation charges due from Shipper for the MDQ under the FTS Agreement, unless Transporter in its sole discretion determines that a lesser amount of Credit Support is required. The Credit Support shall be issued and maintained by Shipper, or a third party as provided for in (B)(i) above, for the benefit of the Transporter throughout the term of the Precedent Agreement and the Primary Term of the FTS Agreement. (iii) At any time during the term of this Precedent Agreement and the FTS Agreement, in the event (a) any of the Debt Ratings assigned to Shipper becomes qualified or impacted by a negative outlook as compared to the outlook at the time the Precedent Agreement was signed, then the amount of Credit Support shall increase to the lesser of 18 months of reservation charges due from Shipper for the MDQ or the number of months remaining in the Primary Term of the FTS Agreement; or, in the event that (b) any of the Debt Ratings assigned to Shipper declines from the Debt Ratings assigned to Shipper as of the execution date of the Precedent Agreement and the FTS Agreement, the amount of Credit Support shall increase to the lesser of 24 months of reservation charges due from Shipper for the MDQ or the number of months remaining in the Primary Term of the FTS Agreement. In the case of either (a) or (b), the Credit Support shall be issued and maintained by Shipper for the benefit of the Transporter throughout the term of the Precedent Agreement and the Primary Term of the FTS Agreement. (C) At any time while either this Precedent Agreement or the Primary Term of the FTS Agreement is effective, if Transporter determines that, as of such time, (i) any Guarantor of Shipper is no longer "Creditworthy", or (ii) any bank that is supporting a letter of credit in favor of Transporter in accordance with Section (B)(ii) hereof is no longer acceptable to Transporter, then Transporter may submit a written notice of such determination to Shipper (which notice shall provide Transporter's basis for such determination), and within five (5) business days after Shipper's receipt of such notice from Transporter, Shipper shall deliver to Transporter, and shall thereafter maintain, alternative Credit Support in accordance with either Section (B)(i) or Section (B(ii). (D) for any Credit Support in the form of an irrevocable standby letter of credit that is provided to Transporter pursuant to Section (B)(ii) (any such letter of credit, "Shipper's Letter of Credit"), such Shipper's Letter of Credit shall permit partial draws and shall have an expiry date no sooner than twelve (12) calendar months after issuance thereof. With respect to any Shipper's Letter of Credit, Shipper shall furnish extensions or replacements of such letter of credit thirty (30) days prior to the expiration thereof, from time to time until the expiration of both the Precedent Agreement and the Primary Term of the FTS Agreement. All extensions, amendments and replacements of any Shipper's Letter of Credit shall be delivered to Transporter in the form of such outstanding Shipper's Letter of Credit, or in form otherwise satisfactory to Transporter. Transporter shall have the right to draw against any outstanding Shipper's Letter of Credit upon: (a) failure to make payment when due under either this Precedent Agreement or the FTS Agreement; or (b) the failure or refusal of Shipper lo deliver any applicable extension, amendment or replacement of an outstanding Shipper's Letter of Credit as provided herein. In the event of a draw in accordance with clause (a) of the preceding sentence, the proceeds of such draw shall be applied against any costs, expenses or damages incurred by Transporter. In the event of a draw due to the failure or refusal of Shipper to deliver any applicable extension, amendment or replacement of an outstanding Shipper's Letter of Credit, which draw may be in part or in whole, the proceeds of the draw shall be retained by Transporter until Transporter receives a replacement Shipper's Letter of Credit or until Transporter docs in fact incur any costs, expenses or damages as a result of a breach by Shipper of any of its obligations under either this Precedent Agreement or the FTS Agreement (in which event, such monies shall be applied against the same). If drawn in part or in whole, Shipper shall immediately thereafter provide a replacement Shipper's Letter of Credit in an amount equal to the amount drawn by Transporter. Any draw made by Transporter under an outstanding Shipper's Letter of Credit shall not relieve Shipper of any liabilities, deficiencies, costs, expenses or damages beyond what is drawn under such Shipper's Letter of Credit. Shipper's Letter of Credit (representing any undrawn portion thereof), to the extent it still remains, or any Credit Support in the form of cash deposit held by Transporter shall be returned to Shipper on or before the thirtieth (30th) day after the later to occur of (i) the date on which both the Precedent Agreement and the Primary Term of the FTS Agreement have terminated or expired and (ii) the date on which all of Shipper's performance and payment obligations under the Precedent Agreement and the Primary Term of the FTS Agreement (including, without limitation, any damages arising from either such agreement) have been fulfilled. NEGOTIATED RATE PARAMETERS: 1.1 Negotiated Rate Term: The Negotiated Rales set forth in this Agreement shall remain in effect through the expiration of the Primary Term of the Transportation Agreement. 1.2 Primary Term Reservation and Commodity Rates: For service provided by ROVER Lo Shipper from the Eligible Receipt Points to the Eligible Delivery Points, as defined below, for aggregate quantities not to exceed the MDQ. Shipper is not entitled to the Negotiated Rate for nominations or transport in excess of the MDQ to any combination of delivery points. During the Primary Term of the Transportation Agreement, Shipper shall pay ROVER the following Fixed Negotiated Base Reservation Rate and Fixed Negotiated Base Commodity Rate: (a) Fixed Negotiated Reservation Rate: (i) $.48 for interim service deliveries to ANR Defiance; (ii) $.82/Dth/d for the portion of MDQ with primary delivery points in the Market Zone South, (iii) $.75/Dth/d for the portion of the MDQ with a primary delivery point at Dawn; ii:; and (iv) $.65/Dth/d for the portion of the MDQ with a primary delivery point at the Rover/Vector interconnect or at the PEPL Consumers (MOS) delivery point. (b) Fixed Negotiated Commodity Rate: $0.00/Dth for deliveries to the Market Zone North or to Midwest Hub. Additionally, Shipper shall pay the applicable Panhandle Eastern Pipeline Company, LP ("PEPL") and Trunkline Gas Company, LLC ("TGC") commodity rates for deliveries to the Market Zone South, which are currently $0.0081/Dth and $0.0106/Dth, which rates may change from time to time, {plus the applicable ACA), respectively. (c) The Fixed Negotiated Reservation Rate and Fixed Negotiated Base Commodity Rate shall remain fixed for the Primary Term of the Transportation Agreement, regardless of any otherwise applicable maximum or minimum rate set forth in ROVER's Tariff. 1.3 Eligible Primary Receipt Points. The Negotiated Rates shall apply to service provided to Shipper from the Primary Receipt Points specified in Exhibit A of this original executed Transportation Agreement 1.4 Eligible Secondary Receipt Points. The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis from all receipt points in the Supply Zone. 1.5 Eligible Primary Delivery Points. The Negotiated Rates shall apply to service provided to Shipper to the Primary Delivery Points specified in Exhibit A of this original executed Transportation Agreement. 1.6 Eligible Secondary Delivery Points. The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis as follows: (a) The Negotiated Rates applicable to the portion of the MDQ with a primary delivery point at Dawn ("Dawn MDQ") shall apply to service provided to Shipper on a secondary firm basis to all delivery points within the Dawn primary path up to the Dawn MDQ. (b) The Negotiated Rates applicable to the portion of the MDQ with a primary delivery point at the Rover/Vector interconnect ("Vector MDQ") or al the PEPL Consumers (MGS) point ("PEPL MDQ") shall apply to service provided to Shipper on a secondary firm basis to all delivery points within the Market Zone North up to the Vector MDQ or PEPL MDQ, respectively. (c) The Negotiated Rates applicable to the portion of the MDQ with a primary delivery point at Trunkline Zone 1A (“Trunkline Zone 1A MDQ") shall apply to service provided to Shipper on a secondary firm basis to all delivery points within the Supply Zone and the Mainline Zone up to the Trunkline Zone 1A MDQ. FUEL CAP: Shipper shall pay the Fuel Charges set forth in Transporters Tariff. Provided, however, that the Fuel Charges shall be capped at 1.2% for deliveries to the Midwest Hub, 1.4% for deliveries to the Rover/Vector interconnect and 1.6% for deliveries to Dawn. The Fuel Cap is only applicable to Shipper's Primary Path as specified in Exhibit A of this original executed Transportation Agreement and shall be in effect for time periods in which Shipper is utilizing at least 70% of its MDQ. Shipper shall pay the applicable PEPL and TGC fuel rates for deliveries to Trunkline Zone 1A, which are currently 1.62% and 0.3% respectively and for deliveries to PEPL/Consumers which is currently 0.51 %, but each of which rates may change from time to time. Nothing in this Section shall be construed to preclude Transporter from charging to a deferral account for future recovery any amount by which the Fuel Charge of Shipper is above the Fuel Cap (the “Under Recovered Amounts"). In such situations, Transporter will charge Shipper a percentage equal to the Fuel Cap until the deferral account is reduced to zero. MISCELLANEOUS PROVISION: 2.1 Applicable Maximum and Minimum Tariff Rates: Unless otherwise expressly provided in this Agreement, the Negotiated Rates shall apply to service provided by ROVER to Shipper for the term of the Transportation Agreement, notwithstanding any otherwise applicable maximum or minimum rates set forth in ROVER's Tariff, as may be revised from time to time. 2.2 Refunds: In no event shall ROVER be required to refund to Shipper any amounts collected for service to which the Negotiated Rates apply, notwithstanding any otherwise applicable maximum or minimum rate set forth in ROVER 's Tariff. | 70009 | I | SPZ | SUNDANCE | 70013 | I | MZN | FIN |
| 10/01/2021 | 06:14AM | 10005 | FTS | 09/01/2017 | 05/31/2033 | 09/01/2017 09:00AM | 06/01/2033 09:00AM | 150,000 | 3 | A | 004850660 | Gulfport Energy Corporation | None | RES | 29.942900 | 22.812500 | COM | 0.016300 | 0.000000 | Yes | PRESSURE: Clarington Receipt Point: Shipper will deliver Gas to Transporter, all the Receipt Point(s) set forth in Exhibit A of this original executed Transportation Agreement, at prevailing system pressures not to exceed 1,440 psig. RGP (Cadiz) Receipt Point: Shipper will deliver Gas to Transporter, at the Receipt Point(s) set forth in Exhibit A of this original executed Transportation Agreement, at prevailing system pressures of at least 1,100 psig. SATISFACTION OF CONDITIONS PRECEDENT: Except for the Conditions Precedent set forth in Sections 7(f), 7(g), and 8(a), Shipper and Transporter acknowledge and agree that all Conditions Precedent as set forth in the Precedent Agreement between the Shipper and Transporter dated July 24, 2014 have been satisfied or waived and are of no further force and effect. Pursuant to GT &C Section 11.2, Shipper has a contractual right of first refusal to be exercised in accordance with the procedure set forth in GT &C Section 11.2. CREDIT PROVISIONS: Shipper, at all times, must satisfy the creditworthiness criteria, or otherwise provide such credit support, as set forth under this Exhibit B: (A) An entity shall be deemed "Creditworthy" hereunder, as of a particular time, if: (i) its long-term unsecured debt securities, at such time, are rated at least BBB- by Standard & Poor's Ratings Services or its successor and at least Baa3 by Moody's Investor Services, Inc. or its successor or an equivalent rating by another nationally recognized credit rating service (any such rating, as applicable, a "Debt Rating"), without any Debt Rating being qualified by or subject to a ratings action indicating a negative short-term or long-term outlook; and; (ii) Transporter does not have other reasonable grounds for insecurity, as evaluated by Transporter on a non-discriminatory basis, based on consistent financial evaluation standards for determining the acceptability of such entity's overall financial condition. (B) If any of the Debt Ratings assigned to Shipper is deemed not "Creditworthy", then Shipper shall thereafter maintain, at Shipper's option, either: (i) an irrevocable, unconditional guaranty in the form set forth in Appendix "A" hereof ("Guaranty"), from a third party that is "Creditworthy" and that is otherwise acceptable to Transporter, in Transporter's sole judgment (such third party, "Guarantor"), which Guaranty shall guarantee the full payment of all of Shipper's obligations under this Precedent Agreement and the FTS Agreement. Any such Guaranty will remain outstanding for the benefit of the Transporter throughout the term of the Precedent Agreement and the Primary Term of the FTS Agreement; or (H) a cash deposit or an irrevocable standby letter of credit that is in a form and from a bank acceptable to Transporter, in Transporter's sole judgment; or other acceptable form of credit that is in a form acceptable to Transporter, in Transporter's sole judgment, in either of the three cases securing the full payment of all of Shipper's obligations under this Precedent Agreement and the FTS Agreement ("Credit Support"), on or after August 31, 2015, equal to the total aggregate dollar value of 12 months of reservation charges due from Shipper for the MDQ under the FTS Agreement, unless Transporter in its sole discretion determines that a lesser amount of Credit Support is required. The Credit Support shall be issued and maintained by Shipper, or a third party as provided for in (B)(i) above, for the benefit of the Transporter throughout the term of the Precedent Agreement and the Primary Term of the FTS Agreement. (iii) At any time during the term of this Precedent Agreement and the FTS Agreement, in the event (a) any of the Debt Ratings assigned to Shipper becomes qualified or impacted by a negative outlook as compared to the outlook at the time the Precedent Agreement was signed, then the amount of Credit Support shall increase to the lesser of 18 months of reservation charges due from Shipper for the MDQ or the number of months remaining in the Primary Term of the FTS Agreement; or, in the event that (b) any of the Debt Ratings assigned to Shipper declines from the Debt Ratings assigned to Shipper as of the execution date of the Precedent Agreement and the FTS Agreement, the amount of Credit Support shall increase to the lesser of 24 months of reservation charges due from Shipper for the MDQ or the number of months remaining in the Primary Term of the FTS Agreement. In the case of either (a) or (b), the Credit Support shall be issued and maintained by Shipper for the benefit of the Transporter throughout the term of the Precedent Agreement and the Primary Term of the FTS Agreement. (C) At any time while either this Precedent Agreement or the Primary Term of the FTS Agreement is effective, if Transporter determines that, as of such time, (i) any Guarantor of Shipper is no longer "Creditworthy", or (ii) any bank that is supporting a letter of credit in favor of Transporter in accordance with Section (B)(ii) hereof is no longer acceptable to Transporter, then Transporter may submit a written notice of such determination to Shipper (which notice shall provide Transporter's basis for such determination), and within five (5) business days after Shipper's receipt of such notice from Transporter, Shipper shall deliver to Transporter, and shall thereafter maintain, alternative Credit Support in accordance with either Section (B)(i) or Section (B(ii). (D) for any Credit Support in the form of an irrevocable standby letter of credit that is provided to Transporter pursuant to Section (B)(ii) (any such letter of credit, "Shipper's Letter of Credit"), such Shipper's Letter of Credit shall permit partial draws and shall have an expiry date no sooner than twelve (12) calendar months after issuance thereof. With respect to any Shipper's Letter of Credit, Shipper shall furnish extensions or replacements of such letter of credit thirty (30) days prior to the expiration thereof, from time to time until the expiration of both the Precedent Agreement and the Primary Term of the FTS Agreement. All extensions, amendments and replacements of any Shipper's Letter of Credit shall be delivered to Transporter in the form of such outstanding Shipper's Letter of Credit, or in form otherwise satisfactory to Transporter. Transporter shall have the right to draw against any outstanding Shipper's Letter of Credit upon: (a) failure to make payment when due under either this Precedent Agreement or the FTS Agreement; or (b) the failure or refusal of Shipper lo deliver any applicable extension, amendment or replacement of an outstanding Shipper's Letter of Credit as provided herein. In the event of a draw in accordance with clause (a) of the preceding sentence, the proceeds of such draw shall be applied against any costs, expenses or damages incurred by Transporter. In the event of a draw due to the failure or refusal of Shipper to deliver any applicable extension, amendment or replacement of an outstanding Shipper's Letter of Credit, which draw may be in part or in whole, the proceeds of the draw shall be retained by Transporter until Transporter receives a replacement Shipper's Letter of Credit or until Transporter docs in fact incur any costs, expenses or damages as a result of a breach by Shipper of any of its obligations under either this Precedent Agreement or the FTS Agreement (in which event, such monies shall be applied against the same). If drawn in part or in whole, Shipper shall immediately thereafter provide a replacement Shipper's Letter of Credit in an amount equal to the amount drawn by Transporter. Any draw made by Transporter under an outstanding Shipper's Letter of Credit shall not relieve Shipper of any liabilities, deficiencies, costs, expenses or damages beyond what is drawn under such Shipper's Letter of Credit. Shipper's Letter of Credit (representing any undrawn portion thereof), to the extent it still remains, or any Credit Support in the form of cash deposit held by Transporter shall be returned to Shipper on or before the thirtieth (30th) day after the later to occur of (i) the date on which both the Precedent Agreement and the Primary Term of the FTS Agreement have terminated or expired and (ii) the date on which all of Shipper's performance and payment obligations under the Precedent Agreement and the Primary Term of the FTS Agreement (including, without limitation, any damages arising from either such agreement) have been fulfilled. NEGOTIATED RATE PARAMETERS: 1.1 Negotiated Rate Term: The Negotiated Rales set forth in this Agreement shall remain in effect through the expiration of the Primary Term of the Transportation Agreement. 1.2 Primary Term Reservation and Commodity Rates: For service provided by ROVER Lo Shipper from the Eligible Receipt Points to the Eligible Delivery Points, as defined below, for aggregate quantities not to exceed the MDQ. Shipper is not entitled to the Negotiated Rate for nominations or transport in excess of the MDQ to any combination of delivery points. During the Primary Term of the Transportation Agreement, Shipper shall pay ROVER the following Fixed Negotiated Base Reservation Rate and Fixed Negotiated Base Commodity Rate: (a) Fixed Negotiated Reservation Rate: (i) $.48 for interim service deliveries to ANR Defiance; (ii) $.82/Dth/d for the portion of MDQ with primary delivery points in the Market Zone South, (iii) $.75/Dth/d for the portion of the MDQ with a primary delivery point at Dawn; ii:; and (iv) $.65/Dth/d for the portion of the MDQ with a primary delivery point at the Rover/Vector interconnect or at the PEPL Consumers (MOS) delivery point. (b) Fixed Negotiated Commodity Rate: $0.00/Dth for deliveries to the Market Zone North or to Midwest Hub. Additionally, Shipper shall pay the applicable Panhandle Eastern Pipeline Company, LP ("PEPL") and Trunkline Gas Company, LLC ("TGC") commodity rates for deliveries to the Market Zone South, which are currently $0.0081/Dth and $0.0106/Dth, which rates may change from time to time, {plus the applicable ACA), respectively. (c) The Fixed Negotiated Reservation Rate and Fixed Negotiated Base Commodity Rate shall remain fixed for the Primary Term of the Transportation Agreement, regardless of any otherwise applicable maximum or minimum rate set forth in ROVER's Tariff. 1.3 Eligible Primary Receipt Points. The Negotiated Rates shall apply to service provided to Shipper from the Primary Receipt Points specified in Exhibit A of this original executed Transportation Agreement 1.4 Eligible Secondary Receipt Points. The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis from all receipt points in the Supply Zone. 1.5 Eligible Primary Delivery Points. The Negotiated Rates shall apply to service provided to Shipper to the Primary Delivery Points specified in Exhibit A of this original executed Transportation Agreement. 1.6 Eligible Secondary Delivery Points. The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis as follows: (a) The Negotiated Rates applicable to the portion of the MDQ with a primary delivery point at Dawn ("Dawn MDQ") shall apply to service provided to Shipper on a secondary firm basis to all delivery points within the Dawn primary path up to the Dawn MDQ. (b) The Negotiated Rates applicable to the portion of the MDQ with a primary delivery point at the Rover/Vector interconnect ("Vector MDQ") or al the PEPL Consumers (MGS) point ("PEPL MDQ") shall apply to service provided to Shipper on a secondary firm basis to all delivery points within the Market Zone North up to the Vector MDQ or PEPL MDQ, respectively. (c) The Negotiated Rates applicable to the portion of the MDQ with a primary delivery point at Trunkline Zone 1A (“Trunkline Zone 1A MDQ") shall apply to service provided to Shipper on a secondary firm basis to all delivery points within the Supply Zone and the Mainline Zone up to the Trunkline Zone 1A MDQ. FUEL CAP: Shipper shall pay the Fuel Charges set forth in Transporters Tariff. Provided, however, that the Fuel Charges shall be capped at 1.2% for deliveries to the Midwest Hub, 1.4% for deliveries to the Rover/Vector interconnect and 1.6% for deliveries to Dawn. The Fuel Cap is only applicable to Shipper's Primary Path as specified in Exhibit A of this original executed Transportation Agreement and shall be in effect for time periods in which Shipper is utilizing at least 70% of its MDQ. Shipper shall pay the applicable PEPL and TGC fuel rates for deliveries to Trunkline Zone 1A, which are currently 1.62% and 0.3% respectively and for deliveries to PEPL/Consumers which is currently 0.51 %, but each of which rates may change from time to time. Nothing in this Section shall be construed to preclude Transporter from charging to a deferral account for future recovery any amount by which the Fuel Charge of Shipper is above the Fuel Cap (the “Under Recovered Amounts"). In such situations, Transporter will charge Shipper a percentage equal to the Fuel Cap until the deferral account is reduced to zero. MISCELLANEOUS PROVISION: 2.1 Applicable Maximum and Minimum Tariff Rates: Unless otherwise expressly provided in this Agreement, the Negotiated Rates shall apply to service provided by ROVER to Shipper for the term of the Transportation Agreement, notwithstanding any otherwise applicable maximum or minimum rates set forth in ROVER's Tariff, as may be revised from time to time. 2.2 Refunds: In no event shall ROVER be required to refund to Shipper any amounts collected for service to which the Negotiated Rates apply, notwithstanding any otherwise applicable maximum or minimum rate set forth in ROVER 's Tariff. | 70009 | I | SPZ | SUNDANCE | DA101 | I | MZN | DAWN-ROVER HUB |
| 10/01/2021 | 06:14AM | 10005 | FTS | 09/01/2017 | 05/31/2033 | 09/01/2017 09:00AM | 06/01/2033 09:00AM | 150,000 | 3 | A | 004850660 | Gulfport Energy Corporation | None | RES | 29.942900 | 19.770833 | COM | 0.016300 | 0.000000 | Yes | PRESSURE: Clarington Receipt Point: Shipper will deliver Gas to Transporter, all the Receipt Point(s) set forth in Exhibit A of this original executed Transportation Agreement, at prevailing system pressures not to exceed 1,440 psig. RGP (Cadiz) Receipt Point: Shipper will deliver Gas to Transporter, at the Receipt Point(s) set forth in Exhibit A of this original executed Transportation Agreement, at prevailing system pressures of at least 1,100 psig. SATISFACTION OF CONDITIONS PRECEDENT: Except for the Conditions Precedent set forth in Sections 7(f), 7(g), and 8(a), Shipper and Transporter acknowledge and agree that all Conditions Precedent as set forth in the Precedent Agreement between the Shipper and Transporter dated July 24, 2014 have been satisfied or waived and are of no further force and effect. Pursuant to GT &C Section 11.2, Shipper has a contractual right of first refusal to be exercised in accordance with the procedure set forth in GT &C Section 11.2. CREDIT PROVISIONS: Shipper, at all times, must satisfy the creditworthiness criteria, or otherwise provide such credit support, as set forth under this Exhibit B: (A) An entity shall be deemed "Creditworthy" hereunder, as of a particular time, if: (i) its long-term unsecured debt securities, at such time, are rated at least BBB- by Standard & Poor's Ratings Services or its successor and at least Baa3 by Moody's Investor Services, Inc. or its successor or an equivalent rating by another nationally recognized credit rating service (any such rating, as applicable, a "Debt Rating"), without any Debt Rating being qualified by or subject to a ratings action indicating a negative short-term or long-term outlook; and; (ii) Transporter does not have other reasonable grounds for insecurity, as evaluated by Transporter on a non-discriminatory basis, based on consistent financial evaluation standards for determining the acceptability of such entity's overall financial condition. (B) If any of the Debt Ratings assigned to Shipper is deemed not "Creditworthy", then Shipper shall thereafter maintain, at Shipper's option, either: (i) an irrevocable, unconditional guaranty in the form set forth in Appendix "A" hereof ("Guaranty"), from a third party that is "Creditworthy" and that is otherwise acceptable to Transporter, in Transporter's sole judgment (such third party, "Guarantor"), which Guaranty shall guarantee the full payment of all of Shipper's obligations under this Precedent Agreement and the FTS Agreement. Any such Guaranty will remain outstanding for the benefit of the Transporter throughout the term of the Precedent Agreement and the Primary Term of the FTS Agreement; or (H) a cash deposit or an irrevocable standby letter of credit that is in a form and from a bank acceptable to Transporter, in Transporter's sole judgment; or other acceptable form of credit that is in a form acceptable to Transporter, in Transporter's sole judgment, in either of the three cases securing the full payment of all of Shipper's obligations under this Precedent Agreement and the FTS Agreement ("Credit Support"), on or after August 31, 2015, equal to the total aggregate dollar value of 12 months of reservation charges due from Shipper for the MDQ under the FTS Agreement, unless Transporter in its sole discretion determines that a lesser amount of Credit Support is required. The Credit Support shall be issued and maintained by Shipper, or a third party as provided for in (B)(i) above, for the benefit of the Transporter throughout the term of the Precedent Agreement and the Primary Term of the FTS Agreement. (iii) At any time during the term of this Precedent Agreement and the FTS Agreement, in the event (a) any of the Debt Ratings assigned to Shipper becomes qualified or impacted by a negative outlook as compared to the outlook at the time the Precedent Agreement was signed, then the amount of Credit Support shall increase to the lesser of 18 months of reservation charges due from Shipper for the MDQ or the number of months remaining in the Primary Term of the FTS Agreement; or, in the event that (b) any of the Debt Ratings assigned to Shipper declines from the Debt Ratings assigned to Shipper as of the execution date of the Precedent Agreement and the FTS Agreement, the amount of Credit Support shall increase to the lesser of 24 months of reservation charges due from Shipper for the MDQ or the number of months remaining in the Primary Term of the FTS Agreement. In the case of either (a) or (b), the Credit Support shall be issued and maintained by Shipper for the benefit of the Transporter throughout the term of the Precedent Agreement and the Primary Term of the FTS Agreement. (C) At any time while either this Precedent Agreement or the Primary Term of the FTS Agreement is effective, if Transporter determines that, as of such time, (i) any Guarantor of Shipper is no longer "Creditworthy", or (ii) any bank that is supporting a letter of credit in favor of Transporter in accordance with Section (B)(ii) hereof is no longer acceptable to Transporter, then Transporter may submit a written notice of such determination to Shipper (which notice shall provide Transporter's basis for such determination), and within five (5) business days after Shipper's receipt of such notice from Transporter, Shipper shall deliver to Transporter, and shall thereafter maintain, alternative Credit Support in accordance with either Section (B)(i) or Section (B(ii). (D) for any Credit Support in the form of an irrevocable standby letter of credit that is provided to Transporter pursuant to Section (B)(ii) (any such letter of credit, "Shipper's Letter of Credit"), such Shipper's Letter of Credit shall permit partial draws and shall have an expiry date no sooner than twelve (12) calendar months after issuance thereof. With respect to any Shipper's Letter of Credit, Shipper shall furnish extensions or replacements of such letter of credit thirty (30) days prior to the expiration thereof, from time to time until the expiration of both the Precedent Agreement and the Primary Term of the FTS Agreement. All extensions, amendments and replacements of any Shipper's Letter of Credit shall be delivered to Transporter in the form of such outstanding Shipper's Letter of Credit, or in form otherwise satisfactory to Transporter. Transporter shall have the right to draw against any outstanding Shipper's Letter of Credit upon: (a) failure to make payment when due under either this Precedent Agreement or the FTS Agreement; or (b) the failure or refusal of Shipper lo deliver any applicable extension, amendment or replacement of an outstanding Shipper's Letter of Credit as provided herein. In the event of a draw in accordance with clause (a) of the preceding sentence, the proceeds of such draw shall be applied against any costs, expenses or damages incurred by Transporter. In the event of a draw due to the failure or refusal of Shipper to deliver any applicable extension, amendment or replacement of an outstanding Shipper's Letter of Credit, which draw may be in part or in whole, the proceeds of the draw shall be retained by Transporter until Transporter receives a replacement Shipper's Letter of Credit or until Transporter docs in fact incur any costs, expenses or damages as a result of a breach by Shipper of any of its obligations under either this Precedent Agreement or the FTS Agreement (in which event, such monies shall be applied against the same). If drawn in part or in whole, Shipper shall immediately thereafter provide a replacement Shipper's Letter of Credit in an amount equal to the amount drawn by Transporter. Any draw made by Transporter under an outstanding Shipper's Letter of Credit shall not relieve Shipper of any liabilities, deficiencies, costs, expenses or damages beyond what is drawn under such Shipper's Letter of Credit. Shipper's Letter of Credit (representing any undrawn portion thereof), to the extent it still remains, or any Credit Support in the form of cash deposit held by Transporter shall be returned to Shipper on or before the thirtieth (30th) day after the later to occur of (i) the date on which both the Precedent Agreement and the Primary Term of the FTS Agreement have terminated or expired and (ii) the date on which all of Shipper's performance and payment obligations under the Precedent Agreement and the Primary Term of the FTS Agreement (including, without limitation, any damages arising from either such agreement) have been fulfilled. NEGOTIATED RATE PARAMETERS: 1.1 Negotiated Rate Term: The Negotiated Rales set forth in this Agreement shall remain in effect through the expiration of the Primary Term of the Transportation Agreement. 1.2 Primary Term Reservation and Commodity Rates: For service provided by ROVER Lo Shipper from the Eligible Receipt Points to the Eligible Delivery Points, as defined below, for aggregate quantities not to exceed the MDQ. Shipper is not entitled to the Negotiated Rate for nominations or transport in excess of the MDQ to any combination of delivery points. During the Primary Term of the Transportation Agreement, Shipper shall pay ROVER the following Fixed Negotiated Base Reservation Rate and Fixed Negotiated Base Commodity Rate: (a) Fixed Negotiated Reservation Rate: (i) $.48 for interim service deliveries to ANR Defiance; (ii) $.82/Dth/d for the portion of MDQ with primary delivery points in the Market Zone South, (iii) $.75/Dth/d for the portion of the MDQ with a primary delivery point at Dawn; ii:; and (iv) $.65/Dth/d for the portion of the MDQ with a primary delivery point at the Rover/Vector interconnect or at the PEPL Consumers (MOS) delivery point. (b) Fixed Negotiated Commodity Rate: $0.00/Dth for deliveries to the Market Zone North or to Midwest Hub. Additionally, Shipper shall pay the applicable Panhandle Eastern Pipeline Company, LP ("PEPL") and Trunkline Gas Company, LLC ("TGC") commodity rates for deliveries to the Market Zone South, which are currently $0.0081/Dth and $0.0106/Dth, which rates may change from time to time, {plus the applicable ACA), respectively. (c) The Fixed Negotiated Reservation Rate and Fixed Negotiated Base Commodity Rate shall remain fixed for the Primary Term of the Transportation Agreement, regardless of any otherwise applicable maximum or minimum rate set forth in ROVER's Tariff. 1.3 Eligible Primary Receipt Points. The Negotiated Rates shall apply to service provided to Shipper from the Primary Receipt Points specified in Exhibit A of this original executed Transportation Agreement 1.4 Eligible Secondary Receipt Points. The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis from all receipt points in the Supply Zone. 1.5 Eligible Primary Delivery Points. The Negotiated Rates shall apply to service provided to Shipper to the Primary Delivery Points specified in Exhibit A of this original executed Transportation Agreement. 1.6 Eligible Secondary Delivery Points. The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis as follows: (a) The Negotiated Rates applicable to the portion of the MDQ with a primary delivery point at Dawn ("Dawn MDQ") shall apply to service provided to Shipper on a secondary firm basis to all delivery points within the Dawn primary path up to the Dawn MDQ. (b) The Negotiated Rates applicable to the portion of the MDQ with a primary delivery point at the Rover/Vector interconnect ("Vector MDQ") or al the PEPL Consumers (MGS) point ("PEPL MDQ") shall apply to service provided to Shipper on a secondary firm basis to all delivery points within the Market Zone North up to the Vector MDQ or PEPL MDQ, respectively. (c) The Negotiated Rates applicable to the portion of the MDQ with a primary delivery point at Trunkline Zone 1A (“Trunkline Zone 1A MDQ") shall apply to service provided to Shipper on a secondary firm basis to all delivery points within the Supply Zone and the Mainline Zone up to the Trunkline Zone 1A MDQ. FUEL CAP: Shipper shall pay the Fuel Charges set forth in Transporters Tariff. Provided, however, that the Fuel Charges shall be capped at 1.2% for deliveries to the Midwest Hub, 1.4% for deliveries to the Rover/Vector interconnect and 1.6% for deliveries to Dawn. The Fuel Cap is only applicable to Shipper's Primary Path as specified in Exhibit A of this original executed Transportation Agreement and shall be in effect for time periods in which Shipper is utilizing at least 70% of its MDQ. Shipper shall pay the applicable PEPL and TGC fuel rates for deliveries to Trunkline Zone 1A, which are currently 1.62% and 0.3% respectively and for deliveries to PEPL/Consumers which is currently 0.51 %, but each of which rates may change from time to time. Nothing in this Section shall be construed to preclude Transporter from charging to a deferral account for future recovery any amount by which the Fuel Charge of Shipper is above the Fuel Cap (the “Under Recovered Amounts"). In such situations, Transporter will charge Shipper a percentage equal to the Fuel Cap until the deferral account is reduced to zero. MISCELLANEOUS PROVISION: 2.1 Applicable Maximum and Minimum Tariff Rates: Unless otherwise expressly provided in this Agreement, the Negotiated Rates shall apply to service provided by ROVER to Shipper for the term of the Transportation Agreement, notwithstanding any otherwise applicable maximum or minimum rates set forth in ROVER's Tariff, as may be revised from time to time. 2.2 Refunds: In no event shall ROVER be required to refund to Shipper any amounts collected for service to which the Negotiated Rates apply, notwithstanding any otherwise applicable maximum or minimum rate set forth in ROVER 's Tariff. | 70009 | I | SPZ | SUNDANCE | MGS | L | MZN | MGS |
| 10/01/2021 | 06:14AM | 10005 | FTS | 09/01/2017 | 05/31/2033 | 09/01/2017 09:00AM | 06/01/2033 09:00AM | 150,000 | 3 | A | 004850660 | Gulfport Energy Corporation | None | RES | 28.362400 | 24.941660 | COM | 0.020700 | 0.026800 | Yes | PRESSURE: Clarington Receipt Point: Shipper will deliver Gas to Transporter, all the Receipt Point(s) set forth in Exhibit A of this original executed Transportation Agreement, at prevailing system pressures not to exceed 1,440 psig. RGP (Cadiz) Receipt Point: Shipper will deliver Gas to Transporter, at the Receipt Point(s) set forth in Exhibit A of this original executed Transportation Agreement, at prevailing system pressures of at least 1,100 psig. SATISFACTION OF CONDITIONS PRECEDENT: Except for the Conditions Precedent set forth in Sections 7(f), 7(g), and 8(a), Shipper and Transporter acknowledge and agree that all Conditions Precedent as set forth in the Precedent Agreement between the Shipper and Transporter dated July 24, 2014 have been satisfied or waived and are of no further force and effect. Pursuant to GT &C Section 11.2, Shipper has a contractual right of first refusal to be exercised in accordance with the procedure set forth in GT &C Section 11.2. CREDIT PROVISIONS: Shipper, at all times, must satisfy the creditworthiness criteria, or otherwise provide such credit support, as set forth under this Exhibit B: (A) An entity shall be deemed "Creditworthy" hereunder, as of a particular time, if: (i) its long-term unsecured debt securities, at such time, are rated at least BBB- by Standard & Poor's Ratings Services or its successor and at least Baa3 by Moody's Investor Services, Inc. or its successor or an equivalent rating by another nationally recognized credit rating service (any such rating, as applicable, a "Debt Rating"), without any Debt Rating being qualified by or subject to a ratings action indicating a negative short-term or long-term outlook; and; (ii) Transporter does not have other reasonable grounds for insecurity, as evaluated by Transporter on a non-discriminatory basis, based on consistent financial evaluation standards for determining the acceptability of such entity's overall financial condition. (B) If any of the Debt Ratings assigned to Shipper is deemed not "Creditworthy", then Shipper shall thereafter maintain, at Shipper's option, either: (i) an irrevocable, unconditional guaranty in the form set forth in Appendix "A" hereof ("Guaranty"), from a third party that is "Creditworthy" and that is otherwise acceptable to Transporter, in Transporter's sole judgment (such third party, "Guarantor"), which Guaranty shall guarantee the full payment of all of Shipper's obligations under this Precedent Agreement and the FTS Agreement. Any such Guaranty will remain outstanding for the benefit of the Transporter throughout the term of the Precedent Agreement and the Primary Term of the FTS Agreement; or (H) a cash deposit or an irrevocable standby letter of credit that is in a form and from a bank acceptable to Transporter, in Transporter's sole judgment; or other acceptable form of credit that is in a form acceptable to Transporter, in Transporter's sole judgment, in either of the three cases securing the full payment of all of Shipper's obligations under this Precedent Agreement and the FTS Agreement ("Credit Support"), on or after August 31, 2015, equal to the total aggregate dollar value of 12 months of reservation charges due from Shipper for the MDQ under the FTS Agreement, unless Transporter in its sole discretion determines that a lesser amount of Credit Support is required. The Credit Support shall be issued and maintained by Shipper, or a third party as provided for in (B)(i) above, for the benefit of the Transporter throughout the term of the Precedent Agreement and the Primary Term of the FTS Agreement. (iii) At any time during the term of this Precedent Agreement and the FTS Agreement, in the event (a) any of the Debt Ratings assigned to Shipper becomes qualified or impacted by a negative outlook as compared to the outlook at the time the Precedent Agreement was signed, then the amount of Credit Support shall increase to the lesser of 18 months of reservation charges due from Shipper for the MDQ or the number of months remaining in the Primary Term of the FTS Agreement; or, in the event that (b) any of the Debt Ratings assigned to Shipper declines from the Debt Ratings assigned to Shipper as of the execution date of the Precedent Agreement and the FTS Agreement, the amount of Credit Support shall increase to the lesser of 24 months of reservation charges due from Shipper for the MDQ or the number of months remaining in the Primary Term of the FTS Agreement. In the case of either (a) or (b), the Credit Support shall be issued and maintained by Shipper for the benefit of the Transporter throughout the term of the Precedent Agreement and the Primary Term of the FTS Agreement. (C) At any time while either this Precedent Agreement or the Primary Term of the FTS Agreement is effective, if Transporter determines that, as of such time, (i) any Guarantor of Shipper is no longer "Creditworthy", or (ii) any bank that is supporting a letter of credit in favor of Transporter in accordance with Section (B)(ii) hereof is no longer acceptable to Transporter, then Transporter may submit a written notice of such determination to Shipper (which notice shall provide Transporter's basis for such determination), and within five (5) business days after Shipper's receipt of such notice from Transporter, Shipper shall deliver to Transporter, and shall thereafter maintain, alternative Credit Support in accordance with either Section (B)(i) or Section (B(ii). (D) for any Credit Support in the form of an irrevocable standby letter of credit that is provided to Transporter pursuant to Section (B)(ii) (any such letter of credit, "Shipper's Letter of Credit"), such Shipper's Letter of Credit shall permit partial draws and shall have an expiry date no sooner than twelve (12) calendar months after issuance thereof. With respect to any Shipper's Letter of Credit, Shipper shall furnish extensions or replacements of such letter of credit thirty (30) days prior to the expiration thereof, from time to time until the expiration of both the Precedent Agreement and the Primary Term of the FTS Agreement. All extensions, amendments and replacements of any Shipper's Letter of Credit shall be delivered to Transporter in the form of such outstanding Shipper's Letter of Credit, or in form otherwise satisfactory to Transporter. Transporter shall have the right to draw against any outstanding Shipper's Letter of Credit upon: (a) failure to make payment when due under either this Precedent Agreement or the FTS Agreement; or (b) the failure or refusal of Shipper lo deliver any applicable extension, amendment or replacement of an outstanding Shipper's Letter of Credit as provided herein. In the event of a draw in accordance with clause (a) of the preceding sentence, the proceeds of such draw shall be applied against any costs, expenses or damages incurred by Transporter. In the event of a draw due to the failure or refusal of Shipper to deliver any applicable extension, amendment or replacement of an outstanding Shipper's Letter of Credit, which draw may be in part or in whole, the proceeds of the draw shall be retained by Transporter until Transporter receives a replacement Shipper's Letter of Credit or until Transporter docs in fact incur any costs, expenses or damages as a result of a breach by Shipper of any of its obligations under either this Precedent Agreement or the FTS Agreement (in which event, such monies shall be applied against the same). If drawn in part or in whole, Shipper shall immediately thereafter provide a replacement Shipper's Letter of Credit in an amount equal to the amount drawn by Transporter. Any draw made by Transporter under an outstanding Shipper's Letter of Credit shall not relieve Shipper of any liabilities, deficiencies, costs, expenses or damages beyond what is drawn under such Shipper's Letter of Credit. Shipper's Letter of Credit (representing any undrawn portion thereof), to the extent it still remains, or any Credit Support in the form of cash deposit held by Transporter shall be returned to Shipper on or before the thirtieth (30th) day after the later to occur of (i) the date on which both the Precedent Agreement and the Primary Term of the FTS Agreement have terminated or expired and (ii) the date on which all of Shipper's performance and payment obligations under the Precedent Agreement and the Primary Term of the FTS Agreement (including, without limitation, any damages arising from either such agreement) have been fulfilled. NEGOTIATED RATE PARAMETERS: 1.1 Negotiated Rate Term: The Negotiated Rales set forth in this Agreement shall remain in effect through the expiration of the Primary Term of the Transportation Agreement. 1.2 Primary Term Reservation and Commodity Rates: For service provided by ROVER Lo Shipper from the Eligible Receipt Points to the Eligible Delivery Points, as defined below, for aggregate quantities not to exceed the MDQ. Shipper is not entitled to the Negotiated Rate for nominations or transport in excess of the MDQ to any combination of delivery points. During the Primary Term of the Transportation Agreement, Shipper shall pay ROVER the following Fixed Negotiated Base Reservation Rate and Fixed Negotiated Base Commodity Rate: (a) Fixed Negotiated Reservation Rate: (i) $.48 for interim service deliveries to ANR Defiance; (ii) $.82/Dth/d for the portion of MDQ with primary delivery points in the Market Zone South, (iii) $.75/Dth/d for the portion of the MDQ with a primary delivery point at Dawn; ii:; and (iv) $.65/Dth/d for the portion of the MDQ with a primary delivery point at the Rover/Vector interconnect or at the PEPL Consumers (MOS) delivery point. (b) Fixed Negotiated Commodity Rate: $0.00/Dth for deliveries to the Market Zone North or to Midwest Hub. Additionally, Shipper shall pay the applicable Panhandle Eastern Pipeline Company, LP ("PEPL") and Trunkline Gas Company, LLC ("TGC") commodity rates for deliveries to the Market Zone South, which are currently $0.0081/Dth and $0.0106/Dth, which rates may change from time to time, {plus the applicable ACA), respectively. (c) The Fixed Negotiated Reservation Rate and Fixed Negotiated Base Commodity Rate shall remain fixed for the Primary Term of the Transportation Agreement, regardless of any otherwise applicable maximum or minimum rate set forth in ROVER's Tariff. 1.3 Eligible Primary Receipt Points. The Negotiated Rates shall apply to service provided to Shipper from the Primary Receipt Points specified in Exhibit A of this original executed Transportation Agreement 1.4 Eligible Secondary Receipt Points. The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis from all receipt points in the Supply Zone. 1.5 Eligible Primary Delivery Points. The Negotiated Rates shall apply to service provided to Shipper to the Primary Delivery Points specified in Exhibit A of this original executed Transportation Agreement. 1.6 Eligible Secondary Delivery Points. The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis as follows: (a) The Negotiated Rates applicable to the portion of the MDQ with a primary delivery point at Dawn ("Dawn MDQ") shall apply to service provided to Shipper on a secondary firm basis to all delivery points within the Dawn primary path up to the Dawn MDQ. (b) The Negotiated Rates applicable to the portion of the MDQ with a primary delivery point at the Rover/Vector interconnect ("Vector MDQ") or al the PEPL Consumers (MGS) point ("PEPL MDQ") shall apply to service provided to Shipper on a secondary firm basis to all delivery points within the Market Zone North up to the Vector MDQ or PEPL MDQ, respectively. (c) The Negotiated Rates applicable to the portion of the MDQ with a primary delivery point at Trunkline Zone 1A (“Trunkline Zone 1A MDQ") shall apply to service provided to Shipper on a secondary firm basis to all delivery points within the Supply Zone and the Mainline Zone up to the Trunkline Zone 1A MDQ. FUEL CAP: Shipper shall pay the Fuel Charges set forth in Transporters Tariff. Provided, however, that the Fuel Charges shall be capped at 1.2% for deliveries to the Midwest Hub, 1.4% for deliveries to the Rover/Vector interconnect and 1.6% for deliveries to Dawn. The Fuel Cap is only applicable to Shipper's Primary Path as specified in Exhibit A of this original executed Transportation Agreement and shall be in effect for time periods in which Shipper is utilizing at least 70% of its MDQ. Shipper shall pay the applicable PEPL and TGC fuel rates for deliveries to Trunkline Zone 1A, which are currently 1.62% and 0.3% respectively and for deliveries to PEPL/Consumers which is currently 0.51 %, but each of which rates may change from time to time. Nothing in this Section shall be construed to preclude Transporter from charging to a deferral account for future recovery any amount by which the Fuel Charge of Shipper is above the Fuel Cap (the “Under Recovered Amounts"). In such situations, Transporter will charge Shipper a percentage equal to the Fuel Cap until the deferral account is reduced to zero. MISCELLANEOUS PROVISION: 2.1 Applicable Maximum and Minimum Tariff Rates: Unless otherwise expressly provided in this Agreement, the Negotiated Rates shall apply to service provided by ROVER to Shipper for the term of the Transportation Agreement, notwithstanding any otherwise applicable maximum or minimum rates set forth in ROVER's Tariff, as may be revised from time to time. 2.2 Refunds: In no event shall ROVER be required to refund to Shipper any amounts collected for service to which the Negotiated Rates apply, notwithstanding any otherwise applicable maximum or minimum rate set forth in ROVER 's Tariff. | 70009 | I | SPZ | SUNDANCE | RA004 | L | MZS | RA004 |
| 10/01/2021 | 06:14AM | 10005 | FTS | 09/01/2017 | 05/31/2033 | 09/01/2017 09:00AM | 06/01/2033 09:00AM | 150,000 | 3 | A | 004850660 | Gulfport Energy Corporation | None | RES | 29.942900 | 19.770833 | COM | 0.016300 | 0.000000 | Yes | PRESSURE: Clarington Receipt Point: Shipper will deliver Gas to Transporter, all the Receipt Point(s) set forth in Exhibit A of this original executed Transportation Agreement, at prevailing system pressures not to exceed 1,440 psig. RGP (Cadiz) Receipt Point: Shipper will deliver Gas to Transporter, at the Receipt Point(s) set forth in Exhibit A of this original executed Transportation Agreement, at prevailing system pressures of at least 1,100 psig. SATISFACTION OF CONDITIONS PRECEDENT: Except for the Conditions Precedent set forth in Sections 7(f), 7(g), and 8(a), Shipper and Transporter acknowledge and agree that all Conditions Precedent as set forth in the Precedent Agreement between the Shipper and Transporter dated July 24, 2014 have been satisfied or waived and are of no further force and effect. Pursuant to GT &C Section 11.2, Shipper has a contractual right of first refusal to be exercised in accordance with the procedure set forth in GT &C Section 11.2. CREDIT PROVISIONS: Shipper, at all times, must satisfy the creditworthiness criteria, or otherwise provide such credit support, as set forth under this Exhibit B: (A) An entity shall be deemed "Creditworthy" hereunder, as of a particular time, if: (i) its long-term unsecured debt securities, at such time, are rated at least BBB- by Standard & Poor's Ratings Services or its successor and at least Baa3 by Moody's Investor Services, Inc. or its successor or an equivalent rating by another nationally recognized credit rating service (any such rating, as applicable, a "Debt Rating"), without any Debt Rating being qualified by or subject to a ratings action indicating a negative short-term or long-term outlook; and; (ii) Transporter does not have other reasonable grounds for insecurity, as evaluated by Transporter on a non-discriminatory basis, based on consistent financial evaluation standards for determining the acceptability of such entity's overall financial condition. (B) If any of the Debt Ratings assigned to Shipper is deemed not "Creditworthy", then Shipper shall thereafter maintain, at Shipper's option, either: (i) an irrevocable, unconditional guaranty in the form set forth in Appendix "A" hereof ("Guaranty"), from a third party that is "Creditworthy" and that is otherwise acceptable to Transporter, in Transporter's sole judgment (such third party, "Guarantor"), which Guaranty shall guarantee the full payment of all of Shipper's obligations under this Precedent Agreement and the FTS Agreement. Any such Guaranty will remain outstanding for the benefit of the Transporter throughout the term of the Precedent Agreement and the Primary Term of the FTS Agreement; or (H) a cash deposit or an irrevocable standby letter of credit that is in a form and from a bank acceptable to Transporter, in Transporter's sole judgment; or other acceptable form of credit that is in a form acceptable to Transporter, in Transporter's sole judgment, in either of the three cases securing the full payment of all of Shipper's obligations under this Precedent Agreement and the FTS Agreement ("Credit Support"), on or after August 31, 2015, equal to the total aggregate dollar value of 12 months of reservation charges due from Shipper for the MDQ under the FTS Agreement, unless Transporter in its sole discretion determines that a lesser amount of Credit Support is required. The Credit Support shall be issued and maintained by Shipper, or a third party as provided for in (B)(i) above, for the benefit of the Transporter throughout the term of the Precedent Agreement and the Primary Term of the FTS Agreement. (iii) At any time during the term of this Precedent Agreement and the FTS Agreement, in the event (a) any of the Debt Ratings assigned to Shipper becomes qualified or impacted by a negative outlook as compared to the outlook at the time the Precedent Agreement was signed, then the amount of Credit Support shall increase to the lesser of 18 months of reservation charges due from Shipper for the MDQ or the number of months remaining in the Primary Term of the FTS Agreement; or, in the event that (b) any of the Debt Ratings assigned to Shipper declines from the Debt Ratings assigned to Shipper as of the execution date of the Precedent Agreement and the FTS Agreement, the amount of Credit Support shall increase to the lesser of 24 months of reservation charges due from Shipper for the MDQ or the number of months remaining in the Primary Term of the FTS Agreement. In the case of either (a) or (b), the Credit Support shall be issued and maintained by Shipper for the benefit of the Transporter throughout the term of the Precedent Agreement and the Primary Term of the FTS Agreement. (C) At any time while either this Precedent Agreement or the Primary Term of the FTS Agreement is effective, if Transporter determines that, as of such time, (i) any Guarantor of Shipper is no longer "Creditworthy", or (ii) any bank that is supporting a letter of credit in favor of Transporter in accordance with Section (B)(ii) hereof is no longer acceptable to Transporter, then Transporter may submit a written notice of such determination to Shipper (which notice shall provide Transporter's basis for such determination), and within five (5) business days after Shipper's receipt of such notice from Transporter, Shipper shall deliver to Transporter, and shall thereafter maintain, alternative Credit Support in accordance with either Section (B)(i) or Section (B(ii). (D) for any Credit Support in the form of an irrevocable standby letter of credit that is provided to Transporter pursuant to Section (B)(ii) (any such letter of credit, "Shipper's Letter of Credit"), such Shipper's Letter of Credit shall permit partial draws and shall have an expiry date no sooner than twelve (12) calendar months after issuance thereof. With respect to any Shipper's Letter of Credit, Shipper shall furnish extensions or replacements of such letter of credit thirty (30) days prior to the expiration thereof, from time to time until the expiration of both the Precedent Agreement and the Primary Term of the FTS Agreement. All extensions, amendments and replacements of any Shipper's Letter of Credit shall be delivered to Transporter in the form of such outstanding Shipper's Letter of Credit, or in form otherwise satisfactory to Transporter. Transporter shall have the right to draw against any outstanding Shipper's Letter of Credit upon: (a) failure to make payment when due under either this Precedent Agreement or the FTS Agreement; or (b) the failure or refusal of Shipper lo deliver any applicable extension, amendment or replacement of an outstanding Shipper's Letter of Credit as provided herein. In the event of a draw in accordance with clause (a) of the preceding sentence, the proceeds of such draw shall be applied against any costs, expenses or damages incurred by Transporter. In the event of a draw due to the failure or refusal of Shipper to deliver any applicable extension, amendment or replacement of an outstanding Shipper's Letter of Credit, which draw may be in part or in whole, the proceeds of the draw shall be retained by Transporter until Transporter receives a replacement Shipper's Letter of Credit or until Transporter docs in fact incur any costs, expenses or damages as a result of a breach by Shipper of any of its obligations under either this Precedent Agreement or the FTS Agreement (in which event, such monies shall be applied against the same). If drawn in part or in whole, Shipper shall immediately thereafter provide a replacement Shipper's Letter of Credit in an amount equal to the amount drawn by Transporter. Any draw made by Transporter under an outstanding Shipper's Letter of Credit shall not relieve Shipper of any liabilities, deficiencies, costs, expenses or damages beyond what is drawn under such Shipper's Letter of Credit. Shipper's Letter of Credit (representing any undrawn portion thereof), to the extent it still remains, or any Credit Support in the form of cash deposit held by Transporter shall be returned to Shipper on or before the thirtieth (30th) day after the later to occur of (i) the date on which both the Precedent Agreement and the Primary Term of the FTS Agreement have terminated or expired and (ii) the date on which all of Shipper's performance and payment obligations under the Precedent Agreement and the Primary Term of the FTS Agreement (including, without limitation, any damages arising from either such agreement) have been fulfilled. NEGOTIATED RATE PARAMETERS: 1.1 Negotiated Rate Term: The Negotiated Rales set forth in this Agreement shall remain in effect through the expiration of the Primary Term of the Transportation Agreement. 1.2 Primary Term Reservation and Commodity Rates: For service provided by ROVER Lo Shipper from the Eligible Receipt Points to the Eligible Delivery Points, as defined below, for aggregate quantities not to exceed the MDQ. Shipper is not entitled to the Negotiated Rate for nominations or transport in excess of the MDQ to any combination of delivery points. During the Primary Term of the Transportation Agreement, Shipper shall pay ROVER the following Fixed Negotiated Base Reservation Rate and Fixed Negotiated Base Commodity Rate: (a) Fixed Negotiated Reservation Rate: (i) $.48 for interim service deliveries to ANR Defiance; (ii) $.82/Dth/d for the portion of MDQ with primary delivery points in the Market Zone South, (iii) $.75/Dth/d for the portion of the MDQ with a primary delivery point at Dawn; ii:; and (iv) $.65/Dth/d for the portion of the MDQ with a primary delivery point at the Rover/Vector interconnect or at the PEPL Consumers (MOS) delivery point. (b) Fixed Negotiated Commodity Rate: $0.00/Dth for deliveries to the Market Zone North or to Midwest Hub. Additionally, Shipper shall pay the applicable Panhandle Eastern Pipeline Company, LP ("PEPL") and Trunkline Gas Company, LLC ("TGC") commodity rates for deliveries to the Market Zone South, which are currently $0.0081/Dth and $0.0106/Dth, which rates may change from time to time, {plus the applicable ACA), respectively. (c) The Fixed Negotiated Reservation Rate and Fixed Negotiated Base Commodity Rate shall remain fixed for the Primary Term of the Transportation Agreement, regardless of any otherwise applicable maximum or minimum rate set forth in ROVER's Tariff. 1.3 Eligible Primary Receipt Points. The Negotiated Rates shall apply to service provided to Shipper from the Primary Receipt Points specified in Exhibit A of this original executed Transportation Agreement 1.4 Eligible Secondary Receipt Points. The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis from all receipt points in the Supply Zone. 1.5 Eligible Primary Delivery Points. The Negotiated Rates shall apply to service provided to Shipper to the Primary Delivery Points specified in Exhibit A of this original executed Transportation Agreement. 1.6 Eligible Secondary Delivery Points. The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis as follows: (a) The Negotiated Rates applicable to the portion of the MDQ with a primary delivery point at Dawn ("Dawn MDQ") shall apply to service provided to Shipper on a secondary firm basis to all delivery points within the Dawn primary path up to the Dawn MDQ. (b) The Negotiated Rates applicable to the portion of the MDQ with a primary delivery point at the Rover/Vector interconnect ("Vector MDQ") or al the PEPL Consumers (MGS) point ("PEPL MDQ") shall apply to service provided to Shipper on a secondary firm basis to all delivery points within the Market Zone North up to the Vector MDQ or PEPL MDQ, respectively. (c) The Negotiated Rates applicable to the portion of the MDQ with a primary delivery point at Trunkline Zone 1A (“Trunkline Zone 1A MDQ") shall apply to service provided to Shipper on a secondary firm basis to all delivery points within the Supply Zone and the Mainline Zone up to the Trunkline Zone 1A MDQ. FUEL CAP: Shipper shall pay the Fuel Charges set forth in Transporters Tariff. Provided, however, that the Fuel Charges shall be capped at 1.2% for deliveries to the Midwest Hub, 1.4% for deliveries to the Rover/Vector interconnect and 1.6% for deliveries to Dawn. The Fuel Cap is only applicable to Shipper's Primary Path as specified in Exhibit A of this original executed Transportation Agreement and shall be in effect for time periods in which Shipper is utilizing at least 70% of its MDQ. Shipper shall pay the applicable PEPL and TGC fuel rates for deliveries to Trunkline Zone 1A, which are currently 1.62% and 0.3% respectively and for deliveries to PEPL/Consumers which is currently 0.51 %, but each of which rates may change from time to time. Nothing in this Section shall be construed to preclude Transporter from charging to a deferral account for future recovery any amount by which the Fuel Charge of Shipper is above the Fuel Cap (the “Under Recovered Amounts"). In such situations, Transporter will charge Shipper a percentage equal to the Fuel Cap until the deferral account is reduced to zero. MISCELLANEOUS PROVISION: 2.1 Applicable Maximum and Minimum Tariff Rates: Unless otherwise expressly provided in this Agreement, the Negotiated Rates shall apply to service provided by ROVER to Shipper for the term of the Transportation Agreement, notwithstanding any otherwise applicable maximum or minimum rates set forth in ROVER's Tariff, as may be revised from time to time. 2.2 Refunds: In no event shall ROVER be required to refund to Shipper any amounts collected for service to which the Negotiated Rates apply, notwithstanding any otherwise applicable maximum or minimum rate set forth in ROVER 's Tariff. | 70017 | I | SPZ | CADIZ-ORS | 70013 | I | MZN | FIN |
| 10/01/2021 | 06:22AM | 10008 | FTS | 09/01/2018 | 08/31/2033 | 09/01/2018 09:00AM | 09/01/2033 09:00AM | 200,000 | 3 | A | 967770660 | SWN Energy Services Company, LLC | None | RES | 28.362400 | 24.941666 | COM | 0.020700 | 0.034000 | Yes | Shipper shall have a unilateral right to extend the term of the FTS Agreement up to four consecutive times for some portion or all of its then contracted capacity beyond the Primary Term for a term of five (5) years per extension (each such extension an "Extended Term") or beyond any Extended Term for an additional term of five (5) years per extension provided that Shipper requests such extension at least six (6) months before the expiration of the Primary Term and any Extended Term as provided for in the Firm Transportation Service Agreement. The Negotiated Rate Agreement shall remain in effect for the Extended Term(s). PRESSURE: Shipper will deliver Gas to Transporter, at the Receipt Point(s) set forth in Exhibit A of this original executed Transportation Agreement, at prevailing system pressures not to exceed 950 psig. SATISFACTION OF CONDITIONS PRECEDENT: Except for the Conditions Precedent set forth in Sections 7(f), 7(g), and 8(e), Shipper and Transporter acknowledge and agree that all Conditions Precedent as set forth in the Precedent Agreement between the Shipper and Transporter dated July 21, 2014 have been satisfied or waived and are of no further force and effect. Pursuant to GT&C Section 11.2, Shipper has a contractual right of first refusal (“ROFR") to be exercised in accordance with the procedure set forth in GT&C Section 11.2. CREDIT PROVISIONS: Shipper, at all times, must satisfy the creditworthiness criteria as set forth under this Exhibit B; provided the Parties agree that Shipper shall be deemed Creditworthy if Shipper satisfies the requirements of Section 9 of the Precedent Agreement: (A) An entity shall be deemed "Creditworthy" hereunder, as of a particular time, if: (i) its long-term unsecured debt securities, at such time, arc rated at least BBB- by Standard & Poor's Ratings Services or its successor and at least Baa3 by Moody's Investor Services, Inc. or its successor or an equivalent rating by another nationally recognized credit rating service (any such rating, as applicable, a "Debt Rating"), without any Debt Rating being qualified by or subject to a ratings action indicating a negative short-term or long-term outlook; and; (ii) Transporter does not have other reasonable grounds for insecurity, as evaluated by Transporter on a non-discriminatory basis, based on consistent financial evaluation standards for determining the acceptability of such entity's overall financial condition. (B) If any of the Debt Ratings assigned to Shipper is deemed not "Creditworthy'', then Shipper shall thereafter maintain, either: (i) an irrevocable, unconditional guaranty in the form set forth in Appendix "A" hereof ("Guaranty"), from a third party that is "Creditworthy" and that is otherwise acceptable to Transporter, in Transporter's sole judgment (such third party, "Guarantor"), which Guaranty shall guarantee the full and faithful performance and payment of all of Shipper's obligations under this Precedent Agreement and the FTS Agreement and such Guaranty will remain outstanding for the benefit of the Transporter throughout the term of the Precedent Agreement and FTS Agreement; or (ii) a cash deposit or an irrevocable standby letter of credit that is in a form and from a bank acceptable to Transporter, in Transporter's sole judgment, in either case securing the full and faithful performance and payment of all of Shipper's obligations under this Precedent Agreement and the FTS Agreement ("Credit Support"), and in either case equal to: (a) on or after August 31, 2015, the total aggregate dollar value of 9 months of reservation charges due from Shipper for the Contract MDQ under the FTS Agreement; or (b) on and after January 1, 2016, the total aggregate dollar value of 12 months of reservation charges due from Shipper for the Contract MDQ under the FTS Agreement. In the case of either (a) or (b), the Credit Support shall be issued and maintained by Shipper for the benefit of the Transporter throughout the term of the Precedent Agreement and FTS Agreement, as may be extended from time to time. (iii) At any time during the term of this Precedent Agreement and the FTS Agreement, in the event (a) any of the Debt Ratings assigned to Shipper becomes qualified or impacted by a negative outlook, then the amount of Credit Support shall increase to the lesser of 18 months of reservation charges due from Shipper for the Contract MDQ or the number of months remaining under the FTS Agreement; or, in the event that (b) any of the Debt Ratings assigned to Shipper declines from the Debt Ratings assigned to Shipper as of the execution date of the Precedent Agreement and the FTS Agreement, the amount of Credit Support shall increase to the lesser of 24 months of reservation charges due from Shipper for the Contract MDQ or the number of months remaining in the term under the FTS Agreement. In the case of either (a) or (b), the Credit Support shall be issued and maintained by Shipper for the benefit of the Transporter throughout the term of the Precedent Agreement and FTS Agreement. (C) At any time while either this Precedent Agreement or the FTS Agreement is effective, if Transporter determines that, as of such time, (i) any Guarantor of Shipper is no longer "'Creditworthy'', or (ii) any bank that is supporting a letter of credit in favor of Transporter in accordance with Section (B)(ii) hereof is no longer acceptable to Transporter, then Transporter may submit a written notice of such determination to Shipper (which notice shall provide Transporter's basis for such determination), and within five (5) business days after Shipper's receipt of such notice from Transporter, Shipper shall deliver to Transporter, and shall thereafter maintain, alternative Credit Support in accordance with either Section (B)(i) or Section (B)(ii). (D) for any Credit Support in the form of an irrevocable standby letter of credit that is provided to Transporter pursuant to Section (B)(ii) (any such letter of credit, “Shipper's Letter of Credit"), such Shipper's Letter of Credit shall permit partial draws and shall have an expiry date no sooner than twelve (12) calendar months after issuance thereof. With respect to any Shipper's Letter of Credit, Shipper shall furnish extensions or replacements of such letter of credit thirty (30) days prior to the expiration thereof, from time to time until the expiration of both the Precedent Agreement and FTS Agreement. All extensions, amendments and replacements of any Shipper's Letter of Credit shall be delivered to Transporter in the form of such outstanding Shipper's Letter of Credit, or in form otherwise satisfactory to Transporter. Transporter shall have the right to draw against any outstanding Shipper's Letter of Credit upon: (a) failure to make payment when due under either this Precedent Agreement or the FTS Agreement; or (b) the failure or refusal of Shipper to deliver any applicable extension, amendment or replacement of an outstanding Shipper's Letter of Credit as provided herein. In the event of n draw in accordance with clause (a) of the preceding sentence, the proceeds of such draw shall be applied against any costs, expenses or damages incurred by Transporter. In the event of a draw due to the failure or refusal of Shipper to deliver any applicable extension, amendment or replacement of an outstanding Shipper's Letter of Credit, which draw may be in part or in whole, the proceeds of the draw shall be retained by Transporter until Transporter receives a replacement Shipper's Letter of Credit or until Transporter does in fact incur any costs, expenses or damages as a result of a breach by Shipper of any of its obligations under either this Precedent Agreement or the FTS Agreement (in which event, such monies shall be applied against the same). If drawn in part or in whole, Shipper shall immediately thereafter provide a replacement Shipper's Letter of Credit in an amount equal to the amount drawn by Transporter. Any draw made by Transporter under an outstanding Shipper's Letter of Credit shall not relieve Shipper of any liabilities, deficiencies, costs, expenses or damages beyond what is drawn under such Shipper's Letter of Credit. Shipper's Letter of Credit (representing any undrawn portion thereof), to the extent it still remains, or any Credit Support in the form of cash deposit held by Transporter shall be returned to Shipper on or before the thirtieth (30th) day after the later to occur of (i) the date on which both the Precedent Agreement and the FTS Agreement have terminated or expired and (ii) the date on which all of Shipper1s performance and payment obligations under the Precedent Agreement and the FTS Agreement (including, without limitation, any damages arising from either such agreement) have been fulfilled. NEGOTIATED RATE PARAMETERS: Negotiated Rate Term. The Negotiated Rates set forth in this Agreement shall remain in effect through the expiration of the Primary Term and any Extended Term of the Transportation Agreement. 1.2 Primary Term Reservation and Commodity Rates. For service provided by ROVER to Shipper from the Eligible Receipt Points to the Eligible Delivery Points, as defined below, for aggregate quantities not to exceed the MDQ. Shipper is not entitled to the Negotiated Rate for nominations or transport in excess of the MDQ to any combination of delivery points. During the Primary Term and any Extended Term of the Transportation Agreement, Shipper shall any ROVER the following Fixed Negotiated Base Reservation Rate and Fixed Negotiated Base Commodity Rate: (a) Fixed Negotiated Reservation Rate: (i) $0.82/Dth, provided such fixed reservation rates shall apply to any changed primary delivery points that are within the initial primary path and available to Shipper after the In-Service Date. (b) Fixed Negotiated Commodity Rate: $0.006/Dth for receipts from Majorsville. Additionally, Shipper shall pay the applicable Panhandle Eastern Pipeline Company, LP ("PEPL") and Trunkline Gas Company, LLC ("TGC") commodity rates for deliveries to the Market Zone South, which are currently $0.0081/Dth and $0.0106/Dth, which rates may change from time to time, (plus the applicable ACA), respectively. (c) The Fixed Negotiated Reservation Rate and Fixed Negotiated Base Commodity Rate shall remain fixed for the Primary Term and any Extended Term of the Transportation Agreement, regardless of any otherwise applicable maximum or minimum rate set forth in ROVER's Tariff. (d) Shipper will not be subject to reservation surcharges, commodity surcharges or other surcharges of any kind, other than (i) the ACA, (ii) commodity surcharges on PEPL and TGC, and (iii) surcharges which Rover is required by law to collect from all shippers. Interruptible Interim Rate: S0.82/Dth for interruptible deliveries for any time period that Transporter is able to transport from the Supply Zone to Trunkline Zone 1A, but is not able to transport Majorsville receipt point. 1.3 Eligible Primary Receipt Points. The Negotiated Rates shall apply to service provided to Shipper from the Primary Receipt Points specified in Exhibit A of this original executed Transportation Agreement. 1.4 Eligible Secondary Receipt Points. The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis from all receipt points in the Supply Zone. 1.5 Eligible Primary Delivery Points. The Negotiated Rates shall apply to service provided to Shipper to the Primary Delivery Points specified in Exhibit A of this original executed Transportation Agreement. 1.6 Eligible Secondary Delivery Points. The Negotiated Rates shall apply to service provided to Shipper on a secondary firm basis to all delivery points within the Supply Zone, the Mainline Zone, and the Market Zone North up to the MDQ. FUEL CAP: Shipper shall any the Fuel Charges set forth in ROVER's Tariff provided, however, that the Fuel Charges shall be capped at 1.35% for deliveries from Shipper's Primary Receipt Point(s) to the Midwest Hub, or 1.75% for deliveries from Shipper's Primary Receipt Point(s) to the Market Zone North ("Fuel Cap"). The Fuel Cap is only applicable to Shipper's Primary Path as specified in Exhibit A of this original executed Transportation Agreement and shall be in effect for any months in which Shipper's utilization averages at least 70% of its MDQ. Shipper shall pay the applicable PEPL and/or TGC fuel rates, which are currently 1.62% and 0.3%, respectively, but may change from time to time. Nothing in this Section shall be construed to preclude ROVER from charging to a deferral account for future recovery any amount by which the Fuel Charge of Shipper is above the Fuel Cap (the "Under Recovered Amounts"). In such situations, ROVER will charge Shipper a percentage equal to the Fuel Cap until the deferral account is reduced to zero. 1.8 Recourse Rates. To the extent that Shipper uses points that are not eligible for the negotiated rates set forth herein, unless otherwise agreed by Shipper and Rover, Shipper shall pay, solely for such volumes, the maximum recourse rates of Rover, as in effect from time, and Shipper shall be entitled to any refunds made by Rover with respect to such rates. MISCELLANEOUS PROVISIONS: 2.1 Applicable Maximum and Minimum Tariff Rates. Unless otherwise expressly provided in this Agreement, the Negotiated Rates shall apply to service provided by ROVER to Shipper for the term of the Transportation Agreement, notwithstanding any otherwise applicable maximum or minimum rates set forth in ROVER's Tariff, as may be revised from time to time. 2.2 Refunds. In no event shall ROVER be required to refund to Shipper any amounts collected for service to which the Negotiated Rates apply, notwithstanding any otherwise applicable maximum or minimum rate set forth in ROVER 's Tariff. | 70004 | I | SPZ | MAJORSVILLE | RA006 | L | MZS | RA006 |
| 07/01/2021 | 05:51AM | 11003 | FTS | 05/01/2021 | 07/31/2021 | 05/01/2021 09:00AM | 08/01/2021 09:00AM | 40,000 | 3 | A | 078609451 | ARM Energy Management LLC | None | RES | 18.993300 | 14.570000 | COM | 0.002200 | 0.002200 | No | Effective 5/1/2021 - 8/31/2021 Discounted Secondary Receipt Point(s): SZR Discounted Secondary Delivery Point(s): MLZD | 70011 | I | SPZ | CLARINGTON-EUREKA | ANRWK | I | MLZ | ANR WESTRICK |
| 08/02/2021 | 06:15AM | 11003 | FTS | 05/01/2021 | 08/31/2021 | 05/01/2021 09:00AM | 09/01/2021 09:00AM | 40,000 | 3 | A | 078609451 | ARM Energy Management LLC | None | RES | 18.993300 | 12.400000 | COM | 0.002200 | 0.002200 | No | Effective 5/1/2021 - 8/31/2021 Discounted Secondary Receipt Point(s): SZR Discounted Secondary Delivery Point(s): MLZD | 70006 | I | SPZ | REVOLUTION | ANRWK | I | MLZ | ANR WESTRICK |
| 09/01/2021 | 05:15AM | 11022 | FTS | 09/01/2021 | 10/31/2021 | 09/01/2021 09:00AM | 11/01/2021 09:00AM | 10,000 | 3 | N | 079663087 | Citadel Energy Marketing LLC | None | RES | 18.993300 | 18.993300 | COM | 0.002200 | 0.002200 | No | 70007 | I | SPZ | CLARINGTON-OVC | ANRWK | I | MLZ | ANR WESTRICK | |
| 09/01/2021 | 05:15AM | 11023 | FTS | 09/01/2021 | 10/31/2021 | 09/01/2021 09:00AM | 11/01/2021 09:00AM | 25,000 | 3 | N | 804712347 | XTO Energy Inc. | None | RES | 18.993300 | 18.993300 | COM | 0.002200 | 0.002200 | No | 70011 | I | SPZ | CLARINGTON-EUREKA | ANRWK | I | MLZ | ANR WESTRICK | |
| 09/01/2021 | 05:15AM | 11024 | FTS | 09/01/2021 | 10/31/2021 | 09/01/2021 09:00AM | 11/01/2021 09:00AM | 10,000 | 3 | N | 079663087 | Citadel Energy Marketing LLC | None | RES | 18.993300 | 18.993300 | COM | 0.002200 | 0.002200 | No | 70007 | I | SPZ | CLARINGTON-OVC | ANRWK | I | MLZ | ANR WESTRICK | |
| 09/01/2021 | 05:15AM | 11026 | FTS | 09/01/2021 | 10/31/2021 | 09/01/2021 09:00AM | 11/01/2021 09:00AM | 50,000 | 3 | N | 078609451 | ARM Energy Management LLC | None | RES | 18.993300 | 18.993300 | COM | 0.002200 | 0.002200 | No | 70006 | I | SPZ | REVOLUTION | ANRWK | I | MLZ | ANR WESTRICK | |
| 09/01/2021 | 05:15AM | 11026 | FTS | 09/01/2021 | 10/31/2021 | 09/01/2021 09:00AM | 11/01/2021 09:00AM | 50,000 | 3 | N | 078609451 | ARM Energy Management LLC | None | RES | 18.993300 | 18.993300 | COM | 0.002200 | 0.002200 | No | 70011 | I | SPZ | CLARINGTON-EUREKA | ANRWK | I | MLZ | ANR WESTRICK | |
| 07/01/2021 | 05:51AM | 11029 | FTS | 07/01/2021 | 07/31/2021 | 07/01/2021 09:00AM | 08/01/2021 09:00AM | 20,000 | 3 | N | 804712347 | XTO Energy Inc. | None | RES | 18.993300 | 14.570000 | COM | 0.002200 | 0.002200 | No | Effective 7/1/2021 - 7/31/2021 Discounted Secondary Receipt Point(s): SZR Discounted Secondary Delivery Point(s): MLZD | 70007 | I | SPZ | CLARINGTON-OVC | PFALC | I | MLZ | PANHANDLE FALCON |
| 08/02/2021 | 06:15AM | 11036 | FTS | 08/01/2021 | 08/31/2021 | 08/01/2021 09:00AM | 09/01/2021 09:00AM | 20,000 | 3 | N | 079663087 | Citadel Energy Marketing LLC | None | RES | 18.993300 | 12.400000 | COM | 0.002200 | 0.002200 | No | Effective 8/1/2021 - 8/31/2021 Discounted Secondary Receipt Point(s) SZR Discounted Secondary Delivery Point(s) MLZD | 70007 | I | SPZ | CLARINGTON-OVC | ANRWK | I | MLZ | ANR WESTRICK |
| 08/02/2021 | 06:11AM | 11037 | FTS | 08/01/2021 | 08/31/2021 | 08/01/2021 09:00AM | 09/01/2021 09:00AM | 20,000 | 3 | N | 804712347 | XTO Energy Inc. | None | RES | 18.993300 | 12.400000 | COM | 0.002200 | 0.002200 | No | Effective 8/1/2021 - 8/31/2021 Discounted Secondary Receipt Point(s) SZR Discounted Secondary Delivery Point(s) MLZD | 70011 | I | SPZ | CLARINGTON-EUREKA | ANRWK | I | MLZ | ANR WESTRICK |
| 08/02/2021 | 06:12AM | 11039 | FTS | 08/01/2021 | 08/31/2021 | 08/01/2021 09:00AM | 09/01/2021 09:00AM | 50,000 | 3 | N | 079663087 | Citadel Energy Marketing LLC | None | RES | 29.942900 | 16.275000 | COM | 0.016200 | 0.016200 | No | Effective 8/1/2021 - 8/31/2021 Discounted Secondary Receipt Point(s) SZR Discounted Secondary Delivery Point(s) MLZD, MKTZN/D1 | 70007 | I | SPZ | CLARINGTON-OVC | DA101 | I | MZN | DAWN-ROVER HUB |
| 08/02/2021 | 06:11AM | 11040 | FTS | 08/01/2021 | 08/31/2021 | 08/01/2021 09:00AM | 09/01/2021 09:00AM | 10,000 | 3 | N | 625275755 | BP Energy Company | None | RES | 29.942900 | 13.950000 | COM | 0.016200 | 0.016200 | No | Effective 8/1/2021 - 8/31/2021 Discounted Secondary Receipt Point(s): SZR Discounted Secondary Delivery Point(s): MLZD | 70007 | I | SPZ | CLARINGTON-OVC | 70013 | I | MZN | FIN |
| 08/02/2021 | 06:10AM | 11042 | FTS | 08/01/2021 | 08/31/2021 | 08/01/2021 09:00AM | 09/01/2021 09:00AM | 40,000 | 3 | N | 079736999 | Elevation Energy Group, LLC | None | RES | 18.993300 | 12.400000 | COM | 0.002200 | 0.002200 | No | Effective 8/1/2021 - 8/31/2021 Discounted Secondary Receipt Point(s): SZR - Discounted Rate Discounted Secondary Delivery Point(s): MLZD) - Discounted Rate, 70013 - Discounted Rate plus $0.05/Dt | 70007 | I | SPZ | CLARINGTON-OVC | PFALC | I | MLZ | PANHANDLE FALCON |
| 08/02/2021 | 06:10AM | 11042 | FTS | 08/01/2021 | 08/31/2021 | 08/01/2021 09:00AM | 09/01/2021 09:00AM | 40,000 | 3 | N | 079736999 | Elevation Energy Group, LLC | None | RES | 18.993300 | 12.400000 | COM | 0.002200 | 0.002200 | No | Effective 8/1/2021 - 8/31/2021 Discounted Secondary Receipt Point(s): SZR - Discounted Rate Discounted Secondary Delivery Point(s): MLZD) - Discounted Rate, 70013 - Discounted Rate plus $0.05/Dt | 70011 | I | SPZ | CLARINGTON-EUREKA | PFALC | I | MLZ | PANHANDLE FALCON |
| 09/01/2021 | 05:15AM | 11047 | FTS | 09/01/2021 | 10/31/2021 | 09/01/2021 09:00AM | 11/01/2021 09:00AM | 50,000 | 3 | N | 079663087 | Citadel Energy Marketing LLC | None | RES | 18.993300 | 18.993300 | COM | 0.002200 | 0.002200 | No | 70007 | I | SPZ | CLARINGTON-OVC | ANRWK | I | MLZ | ANR WESTRICK | |
| 09/01/2021 | 05:15AM | 11047 | FTS | 09/01/2021 | 10/31/2021 | 09/01/2021 09:00AM | 11/01/2021 09:00AM | 50,000 | 3 | N | 079663087 | Citadel Energy Marketing LLC | None | RES | 18.993300 | 18.993300 | COM | 0.002200 | 0.002200 | No | 70007 | I | SPZ | CLARINGTON-OVC | PFALC | I | MLZ | PANHANDLE FALCON | |
| 09/01/2021 | 07:59AM | 11051 | FTS | 09/01/2021 | 09/30/2021 | 09/01/2021 09:00AM | 10/01/2021 09:00AM | 30,400 | 3 | N | 079978564 | Spotlight Energy, LLC | None | RES | 18.993300 | 12.000000 | COM | 0.002200 | 0.002200 | No | Effective 9/1/2021 - 9/30/2021 Discounted Secondary Receipt Point(s): SZR - Discounted Rate Discounted Secondary Delivery Point(s): MLZD - Discounted Rate, PBRBN - Discounted Rate plus $0.07/Dt., 1A-D - Discounted Rate plus $0.07/Dt., 1B-D - Discounted Rate plus $0.07/Dt., RA061 - Discounted Rate plus $0.07/Dt. | 70045 | I | SPZ | WICK | ANRWK | I | MLZ | ANR WESTRICK |
| 10/01/2021 | 05:15AM | 11058 | FTS | 10/01/2021 | 10/31/2021 | 10/01/2021 09:00AM | 11/01/2021 09:00AM | 50,000 | 3 | N | 804712347 | XTO Energy Inc. | None | RES | 18.993300 | 18.993300 | COM | 0.002300 | 0.002300 | No | 70007 | I | SPZ | CLARINGTON-OVC | ANRWK | I | MLZ | ANR WESTRICK | |
| 10/01/2021 | 05:15AM | 11058 | FTS | 10/01/2021 | 10/31/2021 | 10/01/2021 09:00AM | 11/01/2021 09:00AM | 50,000 | 3 | N | 804712347 | XTO Energy Inc. | None | RES | 18.993300 | 18.993300 | COM | 0.002300 | 0.002300 | No | 70017 | I | SPZ | CADIZ-ORS | ANRWK | I | MLZ | ANR WESTRICK | |
| 10/01/2021 | 05:15AM | 11059 | FTS | 10/01/2021 | 10/31/2021 | 10/01/2021 09:00AM | 11/01/2021 09:00AM | 35,000 | 3 | N | 079663087 | Citadel Energy Marketing LLC | None | RES | 18.993300 | 18.993300 | COM | 0.002300 | 0.002300 | No | 70007 | I | SPZ | CLARINGTON-OVC | ANRWK | I | MLZ | ANR WESTRICK | |
| 09/10/2021 | 05:15AM | 11061 | FTS | 09/10/2021 | 09/30/2021 | 09/10/2021 09:00AM | 10/01/2021 09:00AM | 20,000 | 3 | N | 079663087 | Citadel Energy Marketing LLC | None | RES | 18.993300 | 13.687500 | COM | 0.002200 | 0.002200 | No | Effective 9/10/2021 - 9/30/2021 Discounted Secondary Receipt Point(s): SRZ Discounted Secondary Delivery Point(s): MLZD | 70007 | I | SPZ | CLARINGTON-OVC | ANRWK | I | MLZ | ANR WESTRICK |
| 10/01/2021 | 05:15AM | 11066 | FTS | 10/01/2021 | 10/31/2021 | 10/01/2021 09:00AM | 11/01/2021 09:00AM | 50,000 | 3 | N | 079736999 | CarbonBetter, LLC | None | RES | 18.993300 | 18.993300 | COM | 0.002300 | 0.002300 | No | 70009 | I | SPZ | SUNDANCE | ANRWK | I | MLZ | ANR WESTRICK | |
| 10/01/2021 | 05:15AM | 11066 | FTS | 10/01/2021 | 10/31/2021 | 10/01/2021 09:00AM | 11/01/2021 09:00AM | 50,000 | 3 | N | 079736999 | CarbonBetter, LLC | None | RES | 18.993300 | 18.993300 | COM | 0.002300 | 0.002300 | No | 70009 | I | SPZ | SUNDANCE | PFALC | I | MLZ | PANHANDLE FALCON | |
| 10/01/2021 | 05:15AM | 11066 | FTS | 10/01/2021 | 10/31/2021 | 10/01/2021 09:00AM | 11/01/2021 09:00AM | 50,000 | 3 | N | 079736999 | CarbonBetter, LLC | None | RES | 18.993300 | 18.993300 | COM | 0.002300 | 0.002300 | No | 70017 | I | SPZ | CADIZ-ORS | ANRWK | I | MLZ | ANR WESTRICK | |
| 10/01/2021 | 05:15AM | 11067 | FTS | 10/01/2021 | 10/31/2021 | 10/01/2021 09:00AM | 11/01/2021 09:00AM | 15,000 | 3 | N | 079663087 | Citadel Energy Marketing LLC | None | RES | 18.993300 | 18.993300 | COM | 0.002300 | 0.002300 | No | 70009 | I | SPZ | SUNDANCE | PFALC | I | MLZ | PANHANDLE FALCON | |
| 10/01/2021 | 05:15AM | 11068 | FTS | 10/01/2021 | 10/31/2021 | 10/01/2021 09:00AM | 11/01/2021 09:00AM | 20,000 | 3 | N | 179989231 | DTE Energy Trading, Inc. | None | RES | 18.993300 | 18.993300 | COM | 0.002300 | 0.002300 | No | 70045 | I | SPZ | WICK | PFALC | I | MLZ | PANHANDLE FALCON | |
Posting Date - Posting Date
Posting Time - Posting Time
Svc Req K - Service Requester Contract Number
Rate Sch - Rate Schedule
K Begin Date - Contract Begin Date
K End Date - Contract End Date
K Ent Begin Date/Time - Contract Entered Begin Date/Time
K Ent End Date/Time - Contract Entered End Date/Time
K Qty-K - Contractual Quantity - Contract
Loc / QTI - Location Quantity Type Indicator
3 - Receipt point(s) to delivery point(s)
6 - Storage
K Stat - Contract Status
A - Amended
N - New
K Holder - Contract Holder DUNS Number
K Holder Name - Contract Holder Name
Affil - Affiliate Indicator
Res Rate ID - Reservation Rate Identification Code
100 - Capacity - Field
101 - Capacity - Market
102 - Deliverability - Field
103 - Deliverability - Market
RES - Reservation
Max Tariff Res Rate - Maximum Tariff Reservation Rate
Res Rate Charged - Reservation Rate Charged
Com Rate ID - Commodity Rate Identification Code
135 - Storage Charge - Injection
137 - Storage Charge - Withdrawal
COM - Commodity
Max Tariff Com Rate - Maximum Tariff Commodity Rate
Com Rate Charged - Commodity Rate Charged
Negotiated Rate Indicator - Negotiated Rate Indicator
Terms/Notes - Special Terms & Miscellaneous Notes
Rec Loc - Receipt Location
Rec Loc Ind - Receipt Location Indicator
A - All Locations
L - Location List
I - Individual Location(s)
Rec Loc Zn - Receipt Location Zone
Rec Loc Name - Receipt Location Name
Del Loc - Delivery Location
Del Loc Ind - Delivery Location Indicator
A - All Locations
L - Location List
I - Individual Location(s)
Del Loc Zn - Delivery Location Zone
Del Loc Name - Delivery Location Name