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.