American Midstream (AlaTenn), LLC

Fifth Revised Volume No. 1

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Effective Date: 05/01/2010, Docket: RP10-493-000, Status: Effective

Original Sheet No. 141 Original Sheet No. 141

 

GENERAL TERMS AND CONDITIONS (continued)

 

 

(e) If only one Bidder has submitted a bid which reflects the highest value, as

applicable, then

the

transportation rights shall be awarded to that Bidder, subject to any Prearranged

Replacement

Shipper's

exercise of its Right of First Refusal (matching) as set forth above.

 

(f) If two or more Bidders have submitted bids which reflect the highest value, as

applicable,

then,

subject to any Prearranged Replacement Shipper's exercise of its Right of First

Refusal

(matching) as

set forth above, the released transportation rights will be awarded to one of such

Bidders whose

bid was

received first in time by Transporter. Provided, however, that if the Releasing

Shipper has

specified an

alternative means for awarding the released capacity as between two or more

equal bids

("Alternative

Tie Breaker"), the winner of the alternative tie breaker shall be awarded the

transportation rights.

Transporter shall conduct the Alternative Tie Breaker in a non-discriminatory

manner.

 

(g) Except in the case where multiple Bidders requested less than the total

available capacity,

Transporter's application of the Releasing Shipper's bid evaluation methodology

and the

Alternative Tie

Breaker provided above shall result in only one successful Bidder per Release

Request.