If, at any time after the date service commences under the Agreement and thereafter during the term of the negotiated rates set forth above,
Transporter is collecting its effective maximum Recourse Rates subject to refund under Section 4 of the Natural Gas Act as amended, Transporter
shall have no refund obligation to Shipper even if the final maximum recourse rates are reduced to a level below the negotiated rates provided
herein. Shipper's right to receive credits relating to Transporter's penalty revenue or other similar revenue, if any, applicable to
transportation service on Transporter's system shall be governed by Transporter's Tariff and any applicable FERC orders and/or regulations.
Shipper acknowledges and agrees that all terms and conditions of Transporter's Tariff, as effective from time to time, including provisions for
filing of changes in Transporter's Tariff, are applicable to the Service Agreement. In the event of a conflict between this negotiated rate
agreement and Transporter's Tariff, Transporter's Tariff shall control.
8/ Effect of Other Rates: In the event that Transporter files a Statement of Negotiated Rates to implement a negotiated rate and/or a negotiated
rate agreement with the FERC for acceptance or approval (and such acceptance and/or approval is received and such rate is implemented by
Transporter) or Transporter posts on its electric bulletin board (or other internet-based electronic communication medium) a discount from its
maximum recourse rates then in effect for Equivalent Service (as defined below) which is less than the rates applicable to the Agreement, then
in such event Shipper shall be entitled to such lesser rate only for the time period in which such lesser rate is or will be applicable for
such other Equivalent Service. For the purpose of this negotiated rate agreement only, Equivalent Service shall mean service under a firm,
forward-haul transportation service agreement into the State of Florida, or a new rate agreed to for an existing service agreement, entered
into after the date of this Agreement under Transporter's Rate Schedule FTS which has a Maximum Hourly Flow Rate ("MHFR") equal to or greater
than the MHFR applicable to the Agreement, and has a primary term equal to or shorter than the primary term of the Agreement. Any service
which does not meet all of the requirements of the immediately preceding sentence shall not be considered Equivalent Service for the purpose of
this provision.
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