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.