Rockies Express Pipeline LLC (Entrega)
Second Revised Volume No. 1
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Effective Date: 09/01/2007, Docket: CP06-354-002, Status: Effective
Original Sheet No. 215 Original Sheet No. 215 : Effective
GENERAL TERMS AND CONDITIONS
15. CAPACITY RELEASE BY FIRM SHIPPERS (Contd.)
15.19 TRANSPORTER'S RIGHT TO TERMINATE A CAPACITY RELEASE
A. Transporter may elect to terminate a Replacement Shipper's
Agreement with Transporter upon prior written notice to the
Replacement Shipper at least equal in duration to the
minimum prior notice period which is provided for in Section
3.7 or Section 3.8 of these General Terms and Conditions,
for termination of service to the releasing Shipper from
which the Replacement Shipper obtained its Capacity, under
the following conditions:
(1) The Releasing Shipper has failed to make timely
payment or maintain credit (or provide adequate
assurance of payment) in accordance with Section 3.7,
Section 3.8 or Section 13 of these General Terms and
Conditions and Transporter has suspended or terminated
service to the Releasing Shipper or has provided
notice under these General Terms and Conditions which
ultimately results in suspension or termination of
service; and
(2) The rate stated in the Replacement Shipper's Agreement
is less than the rate for service under Transporter's
contract with the Original Shipper; provided, however,
that a Replacement Shipper which is creditworthy can
continue an existing Capacity release by notifying
Transporter that it agrees to pay a rate which it
specifies that equals or exceeds the lower of: (i)
the applicable maximum rate; or (ii) the same rate as
is in the original Agreement between Transporter and
the Releasing Shipper. Alternatively, notwithstanding
Section 15 of these General Terms and Conditions,
Transporter and Replacement Shipper may agree upon
pricing terms, in which case the release shall
continue. Such notification or Agreement must be
effectuated prior to the end of the notice period.
16. GENERAL ITEMS
16.1 FEE FOR ACTIVE MARKETING
When a Releasing Shipper under Section 15 of these General Terms
and Conditions requests that Transporter actively market Capacity
to be released, the Releasing Shipper and Transporter shall
negotiate the terms of the marketing service to be provided by
Transporter and the marketing fee to be charged.