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. 142 Original Sheet No. 142

 

GENERAL TERMS AND CONDITIONS (continued)

 

(h) If multiple Bidders meeting the minimum conditions request less than the total

available

capacity,

then Transporter, subject to any Prearranged Replacement Shipper's exercise of

its Right of

First

Refusal (matching) as set forth above, shall award capacity, best bid first, until all

offered

capacity is

awarded.

 

(i) For informational purposes only, Transporter shall post on its Interactive

Internet Website the

terms

of the successful bid within forty-eight (48) hours of the awarding of such winning

bid.

 

(j) If elected by the Releasing Shipper then prior to the commencement of

service pursuant to

any

Release Request, the Releasing Shipper, Transporter and the Replacement

Shipper (which shall

include

a Prearranged Replacement Shipper, if any) shall enter into a three-party contract

for the

released

capacity in the form set forth beginning at Sheet No. 348 of this Tariff which shall

incorporate an

Exhibit

which states, among other things, all the terms of the successful bid ("Released

Transportation

Service

Contract").

 

(k) The Replacement Shipper shall submit to Transporter, in accord with Section

3.1(f) of the

applicable Rate Schedule of this Tariff, including any applicable surcharges, a

check in an

amount equal

to the lesser of (1) $10,000, (2) the total reservation charges under its Released

Transportation

Service

Contract applicable to the released service for the lesser of a three Month period

or the term of

the

Contract, or (3) if the release is based on a volumetric rate, the volumetric rate

less the usage

portion of

that rate, multiplied by the total capacity to be released, multiplied by the lesser of

a three Month

period

or the term of the Contract. The applicable prepayment amount shall be credited

against the

Replacement Shipper's first Month's invoice.