Nautilus Pipeline Company, LLC
Original Volume No. 1
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Effective Date: 04/05/2010, Docket: RP10-475-000, Status: Effective
First Revised Sheet No. 19 First Revised Sheet No. 19
Superseding: Original Sheet No. 19
RATE SCHEDULE FT-1
FIRM TRANSPORTATION SERVICE
16. TERMINATION OF SERVICE AGREEMENT
16.1 If Shipper fails to make the payments due to Transporter under
this Rate Schedule in accordance with Section 8 of the GT&C of
Transporter's Tariff, then following sixty (60) Days' notice to Shipper
by Transporter of its intent to terminate Shipper's Rate Schedule FT-1
Service Agreement by reason of such non-payment, Transporter shall have
the right, in addition to any and all other remedies available at law or
in equity, to terminate Shipper's Service Agreement hereunder if Shipper
fails to cure such non-payment within such sixty (60) Day period.
Provided, however, if Shipper, in good faith, disputes the amount of any
such bill or portion thereof and pays to Transporter in a timely manner
such amounts as it concedes to be correct, Transporter shall not have
the right to terminate Shipper's Service Agreement; provided, however,
Transporter shall have all of the rights set out in Section 8 of the
GT&C of Transporter's Tariff.
16.2 If either Shipper or Transporter fails to cure an event of force
majeure within ninety (90) Days of having provided notice to the other
party of the existence of a condition of force majeure declared in
accordance with Section 25 of the GT&C of Transporter's Tariff, then,
the party not claiming force majeure may upon providing thirty (30) Days
notice to the other party in accordance with Section 9 of the GT&C of
Transporter's Tariff, terminate the Rate Schedule FT-1 Service Agreement
as to which the event of force majeure relates. Provided, however,
Shipper shall have one hundred eighty (180) Days to cure an event of
force majeure affecting production at depths of two hundred (200) meters
or greater; and, provided further, if the party declaring force majeure
has been diligently pursuing a cure of the force majeure event during
such ninety (90) or one hundred eighty (180) Day cure period specified
above but has not cured the force majeure event by the close of such
period, then the termination rights of this Section shall not apply so
long as such diligent pursuit continues.