Kinder Morgan Louisiana Pipeline LLC
Binding Open Season #110
KMLP Texas Access Project
Begin Date: May 5, 2025
End Date: May 30, 2025
I. General
Kinder Morgan Louisiana Pipeline LLC (“KMLP”) hereby announces the commencement of a binding open season (“Open Season”) for its Texas Access Project (the “Project”). Qualifying bids submitted in this Open Season shall be binding on the bidder. As further explained herein, KMLP will award capacity to parties submitting qualifying binding bids based on the total net present value (“NPV”) of their bids.
II. Texas Access Project
The Project will involve the construction of the Project Facilities (as defined herein) to facilitate the transportation of new sources of gas supply in Texas into the existing KMLP system in Louisiana. Specifically, the Project will enable KMLP to move gas from existing receipt points on KMLP, and proposed receipt points on KMLP in Jefferson County, Texas (including a proposed receipt point on KMLP with Trident Intrastate Pipeline), to existing or proposed delivery points on KMLP (the “Project Path”). The Project will create firm capacity along the Project Path of up to approximately 3,000,000 Dth/day, with ultimate Project Capacity to be determined by shipper interest (“Expansion MDQ” or “Project Capacity”).
In order to provide the Expansion MDQ and the above-referenced service, KMLP must construct certain facilities which will connect KMLP's existing Leg 1 and Leg 2 pipeline facilities in Cameron Parish, Louisiana to those receipt points requested through this Open Season, either directly or via the non-contiguous KMLP Texas Header (as such KMLP Texas Header is defined in that KMLP Open Season 109). Such facilities may include, without limitation, (i) approximately four (4) miles of forty-eight inch (48”) pipeline, (ii) any necessary compression to meet Project Capacity, and (iii) certain KMLP capacity reserved by KMLP for the Project (collectively, the “Project Facilities”). KMLP proposes to construct and operate such Project Facilities as an extension of the existing KMLP System. The Project is anticipated to be placed in-service as early as November 1, 2028 (“Commencement Date”).
III. Open Season Period and Submission of Bids
This Open Season will commence as of this Notice and end at 2:00 p.m. CST on May 30, 2025 (“Open Season Period”).
KMLP has entered into a binding precedent agreement with a Foundation Shipper (as hereinafter defined) for the Project (the “Original Foundation Shipper”). The Original Foundation Shipper's executed precedent agreement, which represents a Qualifying Binding Bid (as hereinafter defined) in this Open Season, grants the Original Foundation Shipper the right to beat or match Qualifying Binding Bids that would otherwise reduce such Original Foundation Shipper's Project Capacity.
To participate in this Open Season, a potential shipper must first execute a confidentiality agreement and a Service Request Form (“SRF”), both of which must be executed by an officer or other duly authorized representative of the potential shipper and both of which shall be in the form attached to this Open Season notice. Upon receipt of a potential shipper's executed SRF and confidentiality agreement, KMLP shall provide such potential shipper with the form of binding precedent agreement for the Project. A potential shipper will have the option to select service at the applicable recourse rate or at a mutually agreeable negotiated rate.
In order to submit a “Qualifying Binding Bid” during the Open Season Period, a potential shipper must submit, in addition to the executed SRF and confidentiality agreement discussed above: (1) an executed binding precedent agreement for the Project (a “Precedent Agreement”), in substantially the form provided by KMLP as outlined above, that contemplates, among other things, mutually agreeable project rates and credit assurance provisions; and (2) credit support in the form of an executed guaranty or letter of credit satisfactory to KMLP, a cash security deposit, or other means of credit support that is deemed acceptable by KMLP, in the event such potential shipper does not satisfy KMLP's creditworthiness requirements for the Project, as outlined in the Precedent Agreement.
Any potential shipper submitting an executed SRF and confidentiality agreement by the close of the Open Season that does not meet the other criteria of a Qualifying Binding Bid on or before the end of the Open Season Period will be considered to have submitted a “Non-Conforming Bid.” KMLP reserves the right to reject any Non-Conforming Bids.
Potential shippers should submit executed SRF's, confidentiality agreements, and Precedent Agreements to:
Attention: Stuart Neck
Email: TGPBidroom@kindermorgan.com
By submitting a Qualifying Binding Bid as described above, a bidder to whom KMLP awards any Expansion MDQ agrees to enter into a firm service agreement with the terms of service and rates set forth in the potential shipper's Precedent Agreement for the Project.
IV. Foundation Shipper Status and Benefits
A potential shipper may qualify as a “Foundation Shipper” for the Project by submitting a Qualifying Binding Bid that contemplates:
1. a minimum primary term of twenty (20) years, and
2. a minimum amount of Expansion MDQ of 1,000,000 Dth/day.
In order to qualify as a Foundation Shipper, a potential shipper must also demonstrate that it can satisfy KMLP's creditworthiness requirements, as set forth in such shipper's Precedent Agreement. Foundation Shipper benefits, as set forth in Foundation Shippers' Precedent Agreement, may include term extension rights and a contractual right of first refusal.
V. Service Type, Fuel, and Surcharges
Service under the Project will be provided pursuant to KMLP's Rate Schedule FTS and other applicable provisions of KMLP's Tariff.
In addition to the applicable recourse rate or negotiated rate selected by the potential shipper, the potential shipper shall also be subject to all applicable: (1) Unaccounted for Gas and Fuel Gas Percentages as approved by the Federal Energy Regulatory Commission (“FERC”) for service under the Project, whether generally applicable or incremental; (2) a Fuel Gas Reimbursement Percentage applicable to the Project Path; and (3) surcharges as set forth in KMLP's Tariff.
VI. Open Season Process
Participation in this Open Season shall be considered binding on the bidders upon submission of their Qualifying Binding Bids. To the extent KMLP receives Qualifying Binding Bids for greater than the Project Capacity, KMLP reserves the right to proceed with the Project as contemplated and address requests for excess capacity in a subsequent project and/or open season. To the extent KMLP receives Qualifying Binding Bids for less than the Project Capacity, KMLP reserves the right to continue to market and proceed with the Project as contemplated after the Open Season closes without the need for a subsequent open season.
To the extent a shipper has any minimum contract quantity which serves as a floor, below which it does not desire the capacity or any contingencies to its bid, it should so indicate in the “Additional Information” section of the SRF. If it is necessary to allocate capacity, and a bidder does not receive the minimum contract quantity requested, KMLP will notify such bidder and its request will be deemed null and void.
KMLP will evaluate Qualifying Binding Bids based upon the total NPV for the Expansion MDQ. In each case, the NPV for such Expansion MDQ shall be calculated using the following factors:
NPV = En [R*(1 / (1+i)**n)]
En = Summation of months 1 through n (Sigma)
n = term in months
R = Incremental firm monthly reservation revenue
i = Monthly Discount Factor of 0.8333%
The term in months (“n”) will be no more than 240 months.
If total Project capacity requested during this Open Season pursuant to Qualifying Binding Bids exceeds the Project Capacity, KMLP will first award Project Capacity to Foundation Shippers. Subject to the Original Foundation Shipper's right to beat or match bids, Project Capacity shall be awarded to Foundation Shipper bids with the highest NPV. As between Qualifying Binding Bids of Foundation Shippers of equal NPV, Project Capacity shall be awarded on a pro rata basis. Thereafter, KMLP will award any remaining Project Capacity to other potential shippers submitting the Qualifying Binding Bid(s) with the highest NPV. As between non-Foundation Shipper Qualifying Binding Bids of equal NPV, Project Capacity shall be awarded on a pro rata basis.
KMLP shall notify potential shippers submitting Qualifying Binding Bids of whether they were awarded Project Capacity by June 13, 2025.
VII. Reservations
KMLP reserves the following rights, in addition to all other rights that KMLP has reserved herein or that KMLP may have pursuant to KMLP's Tariff and FERC policies:
1. the right, at any time during this Open Season, upon notice and in its sole discretion, to terminate this Open Season, to extend this Open Season Period, or to modify this Open Season;
2. the right to modify the scope of the Project or the Expansion MDQ;
3. the right to clarify and finalize bids containing non-specific or ambiguous bid information (including, without limitation, rate, term, and receipt or delivery points) or discrepancies in bid information; provided, that, KMLP shall have no obligation to do so;
4. the right to reject any bid for a term of less than 20 years;
5. the right to reject any bid that does not start on the Commencement Date;
6. the right to reject, on a not unduly discriminatory basis, any bid or precedent agreement which does not meet the requirements of KMLP's Tariff, in KMLP's sole determination, contains contingencies which are unacceptable to KMLP or which is incomplete, is inconsistent with the terms of this Open Season, contains additions or modifications to the terms of the SRF, is otherwise deficient in any respect (including failure to provide credit support as KMLP deems necessary), or requests service outside the scope of the Project;
7. the right to continue to market the Project and to enter into negotiations with, and award unsubscribed Expansion MDQ to, any party not submitting an SRF in this Open Season;
8. the right to not proceed with the development of the Project; and
9. the right to reject bids proposing a reservation rate that varies over the course of the proposed term.
KMLP will only proceed with the development of the Project if it is ultimately able to execute precedent agreements with term, MDQ, and rate provisions that economically justify the development of the Project and Project Facilities.
This Open Season is subject to KMLP's Tariff and to all applicable laws, orders, rules, and regulations of authorities having jurisdiction.
VIII. Creditworthiness
Following submission of a completed SRF, potential shippers will be contacted by KMLP's Credit Director, Ted Chavez (713-420-3068, Ted_Chavez@kindermorgan.com) (or another representative of KMLP), for further evaluation of creditworthiness. KMLP will conduct a credit evaluation and, in the event a potential shipper is deemed non-creditworthy by KMLP, the potential shipper must provide to KMLP, in connection with its execution of a Project Precedent Agreement, credit assurance applicable to the Project, in form and substance acceptable to KMLP in accordance with the terms of such potential shipper's Precedent Agreement. Such creditworthiness requirements shall remain in effect during the term of the Precedent Agreement, as well as the term of such shipper's transportation agreement(s) for the Project.
IX. Turnback Capacity Solicitation
Any existing shipper that currently holds firm transportation capacity on KMLP that it believes (subject to KMLP's evaluation and confirmation in its sole discretion) could be used in lieu of a portion(s) of the proposed Project Capacity, as defined and accepted by KMLP, is invited to notify KMLP of its desire to permanently relinquish its capacity for use in the Project. Any shipper that desires to turn back such capacity must notify KMLP, in writing, of the MDQ term, receipt point(s), delivery point(s), contract number(s), the reservation rate at which the potential shipper is willing to release the capacity back to KMLP, and any other relevant information necessary to effectuate the permanent relinquishment of such capacity. In order for KMLP to consider any anticipated turnbacks of capacity, such notification must be received by KMLP by 2:00 PM CDT on May 30, 2025. This solicitation of turnback capacity is not binding on KMLP. Turnback requests are subject to rejection or proration based upon the results of this Open Season and this turnback capacity solicitation as determined by KMLP in its sole discretion. KMLP must remain economically indifferent between the turnback offer and the proposed Project. To the extent KMLP accepts a shipper's turnback request, the potential shipper turning back capacity shall remain responsible for any difference between the rate at which the capacity is turned back to KMLP and the reservation rate under the Project shipper(s)'s firm transportation service agreement with KMLP for the remaining term of the turnback shipper's firm transportation service agreement, but will not be responsible for any commodity charges, ACA, Unaccounted for Gas and Fuel Gas charges, or any other authorized usage surcharges associated with the turnback capacity, and such shipper shall not be entitled to any credits associated with such capacity.
KMLP reserves the right to reject, in its sole discretion, any turnback requests that are incomplete, contain modifications to the terms of the turnback capacity solicitation, are submitted with any conditions on the turnback capacity, or are economically disadvantageous. The final design of the Project will take into consideration the results of this turnback capacity solicitation.
X. Contact Information
If you have any questions regarding this Open Season, please contact the following:
Stuart Neck
(713) 420-2230
Stuart_Neck@kindermorgan.com
For media inquiries, please contact:
Katherine Hill
(713) 369-9176
Katherine_Hill@kindermorgan.com
CONFIDENTIALITY AGREEMENT
This Confidentiality Agreement, dated as of ________ __, 2025 (this “Agreement”), is by and between __________________________________ (“Counterparty”) and Kinder Morgan Louisiana Pipeline LLC (“KMLP”). KMLP and Counterparty shall be referred to collectively as the “Parties” and individually as a “Party.” This Agreement sets forth the terms and conditions under which the Parties may disclose certain information to each other of a confidential and proprietary nature.
WHEREAS, to facilitate discussions, negotiations, and the potential execution of definitive agreements relating to Counterparty's participation in KMLP's Texas Access Project, which will provide for incremental firm transportation capacity on facilities to be constructed as a result of this project, in order to facilitate the transportation of new sources of gas supply on KMLP from existing receipt points and proposed receipt points in Jefferson County to existing or proposed delivery points on KMLP (the “Project”), Counterparty and KMLP may each provide or disclose to the other Party certain Confidential Information (as hereinafter defined);
WHEREAS, the Parties wish to enter into this Agreement to set forth the terms and conditions under which each Party may disclose such Confidential Information to the other Party in connection with the Project; and
WHEREAS, for purposes of this Agreement, a Party disclosing Confidential Information to the other Party shall be known as the “Disclosing Party” and the Party receiving such Confidential Information shall be known as the “Receiving Party”. NOW THEREFORE, in consideration of the covenants and conditions set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:
1. DEFINITION OF CONFIDENTIAL INFORMATION
1.1 As used in this Agreement, the term “Confidential Information” shall include all information about the business, financial condition, operations, assets and liabilities of the Disclosing Party and its affiliates, whether (a) prepared by the Disclosing Party and/or its affiliates, any of its or their respective Representatives (as hereinafter defined) or otherwise; (b) in written, oral, electronic, or other form; (c) identified as “confidential” or otherwise; or (d) prepared prior to, on, or after the date of this Agreement; that is furnished to the Receiving Party or any of its Representatives by or on behalf of the Disclosing Party or any of its Representatives in connection with the Project, regardless of the manner or medium in which such Confidential Information is furnished, including all such information and documentation relating to the financial, tax, accounting, and other information of the Disclosing Party or any of its affiliates regarding business operations, prospects, value, and/or structure, marketing practices and techniques, business strategies and capabilities, business plans, and relationships with customers, suppliers, principals, employees, financing sources, hedging counterparties, contracting counterparties and others, and any such information that is a trade secret within the meaning of applicable trade secret law and any documentation and materials prepared by the Receiving Party or any of its Representatives, containing or based in whole or in part on any Confidential Information. With respect to Counterparty only, “Confidential Information” shall also include (i) the fact that the Parties are in discussions regarding the Project; (ii) any discussions, negotiations, and investigations regarding the terms, conditions, or other facts with respect to the Project, including the status thereof and the existence and terms of this Agreement; and (iii) the fact that Confidential Information has been made available by KMLP to Counterparty.
1.2 Notwithstanding the foregoing, Confidential Information shall not include information that the Receiving Party can demonstrate:
(i) is rightfully known to or already in the possession of the Receiving Party or its Representatives prior to its disclosure by the Disclosing Party;
(ii) is or becomes generally available to the public other than as a result of disclosure, directly or indirectly, by the Receiving Party or its Representatives in violation of this Agreement;
(iii) is or becomes available to the Receiving Party or its Representatives on a non-confidential basis from a source other than the Disclosing Party or its affiliates or any of its or their respective Representatives; provided that such source is not known by the Receiving Party or its Representatives (after due inquiry) to be bound by a confidentiality agreement with or other obligation of confidentiality to the Disclosing Party or its affiliates with respect to such information;
(iv) is independently derived by the Receiving Party or its Representatives without the aid, application or use of Confidential Information; or
(v) is authorized in writing by the Disclosing Party for disclosure by the Receiving Party, solely to the extent of such authorization.
2. PERMITTED PURPOSE, USE AND DISCLOSURE OBLIGATIONS
2.1 The Receiving Party may use, and may cause its Representatives to use, the Confidential Information solely to evaluate the feasibility of, and to facilitate discussions, negotiations, and the potential execution of definitive agreements relating to, the Project (the “Permitted Purpose”), and for no other purpose. Furthermore, the Receiving Party shall not, and shall direct its Representatives not to, directly or indirectly, at any time disclose any Confidential Information to any person (other than the Disclosing Party or its Representatives) in any manner, or permit or assist any person (other than the Disclosing Party) to use any Confidential Information, except that the Receiving Party may disclose Confidential Information to its Representatives who have a bona fide need to know such information for the sole purpose of assisting, and solely to the extent necessary to permit such Representatives to assist, the Receiving Party in connection with the Permitted Purpose; provided that prior to the disclosure of the Confidential Information to any of its respective Representatives, the Receiving Party shall inform such Representatives as to the confidential and proprietary nature of the Confidential Information and shall direct each such Representative to comply with the terms of this Agreement. The Receiving Party shall be liable to the Disclosing Party for any action or omission prohibited under this Agreement by any of its Representatives.
2.2 For purposes of this Agreement, “Representatives” of any person shall mean its affiliates and the employees, directors, partners, officers, owners, members, managers, co-owners, controlling persons, investors, co-investors, joint venturers, debt financing sources, representatives, agents, consultants, and professional advisors of such person and its affiliates (including financial advisors, counsel, and accountants). An “affiliate” of any person shall mean any other person that directly or indirectly through one or more intermediaries, controls, is controlled by, or is or comes under common control with, the first person. For purposes of the foregoing sentence, “control” of a person means the possession of power to direct or cause the direction of management and policies of such person, whether through ownership of voting securities, by contract or otherwise. The term “person” as used in this Agreement will be interpreted broadly to include any governmental representative or authority or any corporation, company, limited liability company, enterprise, association, partnership, group or other entity or individual.
2.3 The Receiving Party agrees that it will employ procedures that are substantially similar to those it uses to protect its own information of a similar character to protect the confidentiality of any Confidential Information received from the Disclosing Party or its Representatives.
2.4 In the event that the Receiving Party or any of its Representatives becomes legally compelled (whether by subpoena, interrogatory, civil investigative demand, court or regulatory order, or otherwise) to disclose any Confidential Information, the Receiving Party will, to the extent permitted and reasonably feasible under the circumstances, provide the Disclosing Party with prompt written notice so that the Disclosing Party may seek a protective order or other appropriate remedy prior to any such disclosure and/or waive compliance with certain provisions of this Agreement. The Receiving Party shall reasonably cooperate with the Disclosing Party in seeking the protective order or other appropriate remedy so that the Confidential Information maintains its confidential and proprietary treatment. In the event that such a protective order or other protective remedy is not obtained or the Disclosing Party waives compliance with the relevant provisions of this Agreement, the Receiving Party will furnish only that portion of the Confidential Information that is legally required to be disclosed, in the opinion of its own counsel, and such Party will exercise its reasonable efforts to obtain reliable assurances that confidential treatment will be accorded the Confidential Information.
2.5 Within 15 days after being requested in writing by the Disclosing Party (which request may be made at any time and from time to time), the Receiving Party shall, and shall direct its Representatives to, either return to the Disclosing Party or destroy all Confidential Information and all documents, materials, or other items containing Confidential Information, without retaining any copies, summaries, or extracts thereof, and shall provide written confirmation of such return and/or destruction in writing to Disclosing Party within such 15 day period; provided, however, that Receiving Party and its Representatives shall not be required to return or destroy any electronic copies of any such Confidential Information, or any documents, materials, or other items containing Confidential Information, that shall have been archived in the Receiving Party's or its Representatives' electronic records archival system until such items are destroyed in accordance with the Receiving Party's or its Representatives' normal destruction policies and provided further that notwithstanding any termination or expiration of this Agreement, all provisions of this Agreement shall continue to apply with full force and effect to any materials containing Confidential Information which are retained by Receiving Party or its Representatives following a written request for the return or destruction thereof pursuant to this Section. Compliance with this Section shall not relieve Receiving Party of its other obligations under this Agreement.
3. GENERAL
3.1 This Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas, regardless of conflicts of laws principles that might apply the laws of another jurisdiction. EACH PARTY HEREBY CONSENTS TO THE JURISDICTION AND VENUE OF THE COMPETENT STATE AND FEDERAL COURTS LOCATED IN HARRIS COUNTY, TEXAS FOR ANY ACTION BROUGHT UNDER THIS AGREEMENT. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY OBJECTION TO SUCH COURTS ON JURISDICTION, CONVENIENCE OR ANY OTHER GROUND. THE PRECEDING SHALL NOT APPLY TO A PARTY'S SEEKING TO ENFORCE A JUDGMENT OF SUCH COURT IN ANOTHER COURT, VENUE, OR JURISDICTION.
3.2 EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY.
3.3 In no event shall a party be entitled to recover punitive, INDIRECT, consequential, LOST PROFIT, LOSS OF REVENUE OR OPPORTUNITY, special or exemplary damages under this Agreement.
3.4 If any provision of this Agreement is declared void or otherwise unenforceable, such provision shall be deemed to have been severed from this Agreement, which shall otherwise remain in full force and effect.
3.5 No failure or delay by a Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder.
3.6 The Receiving Party hereby acknowledges and agrees that any Confidential Information disclosed to the Receiving Party or its Representatives is considered by the Disclosing Party to be of a special, unique and proprietary character and that in the event of any breach or threatened breach of any provision of this Agreement, remedies at law may be inadequate. The Receiving Party agrees, therefore, on behalf of itself and its Representatives that the Disclosing Party may be entitled to specific performance and injunctive or other equitable relief without any showing of irreparable harm or damage, and the Receiving Party hereby waives, and shall cause its Representatives to waive, any requirement for the securing or posting of any bond or other security in connection with any such remedy. Such remedies shall not be deemed to be the exclusive remedies for any breach or threatened breach of this Agreement, but will be in addition to all other remedies available at law or in equity to the Disclosing Party or any of its affiliates. Any trade secrets included in the Confidential Information will also be entitled to all of the protections and benefits under applicable trade secret law. The Receiving Party hereby waives, and shall use all reasonable efforts to cause its Representatives to waive, any requirement that the Disclosing Party or any of its affiliates submit proof of the economic value of any trade secret or post a bond or other security.
3.7 Neither this Agreement nor disclosure of any Confidential Information to the Receiving Party or its Representatives shall be deemed by implication or otherwise to vest in the Receiving Party or its Representatives rights in or to the Confidential Information, other than the right to use such Confidential Information solely for the Permitted Purpose. The Disclosing Party shall retain sole and exclusive ownership of all right, title, and interest in and to all Confidential Information and any and all materials provided by the Disclosing Party or its Representatives to the Receiving Party or its Representatives hereunder, and all intellectual property rights therein. The Receiving Party's right to use the Confidential Information for the Permitted Purpose is revocable and not coupled with an interest in any Confidential Information. No license by implication, estoppel, or otherwise under any patent, copyright, trade secret, trade mark, or other intellectual property right is granted by the Disclosing Party hereunder, other than any such license or other right to use disclosed Confidential Information for the Permitted Purpose. Neither Party represents or warrants that Confidential Information disclosed hereunder will not infringe any third party's patents, copyrights or trade secrets or other proprietary rights.
3.8 The Receiving Party acknowledges, on behalf of itself and its Representatives, that neither the Disclosing Party nor its Representatives makes any representations or warranties, express or implied, as to the accuracy or completeness of the Confidential Information, that neither the Disclosing Party nor its Representatives shall have any liability whatsoever to the Receiving Party or its Representatives or any other person as a result of the use of the Confidential Information or any errors therein or omissions therefrom by virtue of this Agreement and that the Receiving Party and its Representatives shall assume full responsibility for all conclusions derived from the Confidential Information.
3.9 Both Parties acknowledge and agree that neither Party is obligated to enter into or commence or continue any discussions or negotiations pertaining to the Project, and that no such obligation shall arise unless and until a definitive agreement relating to the Project is executed and delivered by the Parties.
3.10 No agency, partnership, joint venture or other joint relationship is created by this Agreement. There are no third parties that are intended to benefit from any of the agreements created hereby.
3.11 This Agreement shall not be assignable by Counterparty without the express written consent of KMLP. This Agreement shall be binding upon the Parties hereto and upon their respective successors and assigns.
3.12 All notices, consents, approvals, requests, claims, demands and other communications under this Agreement (each, a “Notice”) shall be in writing and may be delivered by personal delivery, by electronic mail, or by a recognized overnight courier service or by certified or registered United States mail (postage prepaid, return receipt requested), to the Parties at the following addresses. Any Notice delivered or transmitted to a Party as provided above will be deemed to have been given and received on the day it is delivered or transmitted, if it is delivered before 5:00 p.m., local time, on a business day, or on the next business day if it is delivered or transmitted after such time or on a day that is not a business day.
(i) if to KMLP:
stuart neck
Kinder morgan louisiana pipeline llc
1001 Louisiana Street
Houston, Texas 77002
stuart_neck@KINDERMORGAN.COM
(ii) if to Counterparty:
___________________________
3.13 Except as otherwise provided herein, the restrictions and covenants set forth herein shall terminate and be of no further force and effect upon the two year anniversary of this Agreement. For the avoidance of doubt, any Confidential Information retained by the Receiving Party or its Representatives following a request for the return or destruction thereof shall remain subject to all provisions of this Agreement notwithstanding the expiration of this Agreement pursuant to this Section 3.13. Following the expiration or termination of this Agreement, the following provisions shall survive for purposes of any claim or dispute relating to the Agreement: 3.1, 3.2, 3.3, and 3.13.
3.14 This Agreement constitutes the entire agreement and supersedes all prior agreements and understandings, both written and oral, between the Parties with respect to the subject matter hereof.
3.15 This Agreement may be executed in one or more counterparts (which may be delivered via emailed .pdf or other electronic means), each of which shall be deemed to be an original, but all of which shall constitute the same agreement.
IN WITNESS WHEREOF, the Parties have caused their signatures to be hereto affixed as of the date first written above.
KINDER MORGAN LOUISIANA PIPELINE LLC
By: ____________________________________
Name:
Title:
Date:
[COUNTERPARTY]
Texas Access Project
Service Request Form
Shipper Information:
Company
(Legal Name of Entity): ______________________________________________
Primary Contact : ______________________________________________
Title: ______________________________________________
Address: ______________________________________________
Telephone: ______________________________________________
Email: ______________________________________________
MDQ: _________ (in Dth/day)
Primary Term: _________ (in number of years from Commencement Date) - 20 year minimum
Primary Receipt Points:
The table below shall list the primary receipt point(s) requested by the potential shipper for the Project:
Primary Receipt Point(s) [1]
MDQ (Dth/day)
[1] The sum of receipt point quantities must equal the sum of delivery point quantities.
Primary Delivery Points:
The table below shall list the primary delivery point(s) requested by the potential shipper for the Project:
Primary Delivery Point(s)
Monthly Reservation Rate Information:
For firm transportation service under the Project, shipper elects to pay:
□ Recourse Rate □ Negotiated Rate: ________
Additional Information to Clarify Service Request:
_____________________________________________________________________________ _____________________________________________________________________________
_____________________________________________________________________________
Financial and/or Credit Information:
□ Attached □ Sent Separately
Submitted by:
Name: ______________________________________________
Signature: ______________________________________________
Signature of Duly Authorized Officer or Representative
Date: ______________________________________________
Please return this form to:
Houston, TX 77002
Phone: 713-420-2230