Cheniere Creole Trail Pipeline, L.P.

Original Volume No. 1

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Effective Date: 04/28/2008, Docket: RP08-137-000, Status: Effective

Original Sheet No. 187 Original Sheet No. 187 : Pending

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

7. If Shipper fails to exercise the Right of First Refusal, or to notify

Transporter of the exercise or non-exercise of the Right of First Refusal

within the thirty (30) day period from the date Transporter tenders to Shipper

the new Service Agreement, then upon the expiration of the primary term of the

Service Agreement or any rollover term, as applicable, the Service Agreement

shall be automatically terminated.

 

8. If no bids acceptable to Transporter are received, Transporter shall so

notify Shipper within 30 days of the close of the bidding process. Transporter

will then negotiate with the Shipper with regard to the rate, term, and other

conditions under which Transporter will continue to provide service to the

Shipper. Such negotiations will continue for 30 days from the date Transporter

notifies the Shipper that no acceptable bids have been received. The Shipper

has the right to retain all or any portion of its existing capacity and

service by offering within the 30-day negotiation period to acquire the

capacity at the maximum rate applicable to such capacity for such term as

Shipper specifies, provided that if Shipper specifies a term of less than one

year, then such agreement shall not be subject to pregranted abandonment as

provided herein.

 

9. Following the thirty 30-day period specified in Sections 21.B.3 and

21.B.5 above, as applicable, Transporter will post on its Internet Website the

terms and conditions of each bid received and the identity of the bidder,

unless the bidder is not affiliated with Transporter and such nonaffiliated

bidder requests confidentiality for unaccepted bids.

 

10. Transporter shall not be obligated to tender, execute or extend any

Service Agreement at less than the maximum rate for the service requested. It

shall be at Transporter's sole discretion to tender, execute or extend any

Service Agreement at any rate or economic value less than the maximum rate and

economic value for the service requested.