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. 40 First Revised Sheet No. 40

Superseding: Original Sheet No. 40

 

RATE SCHEDULE FT-2

FIRM TRANSPORTATION SERVICE

 

 

20. TERMINATION OF SERVICE AGREEMENT con't

 

remedies available to Transporter at law and 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.

 

20.2 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-2 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.