Destin Pipeline Company, L.L.C.

Original Volume No. 1

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Effective Date: 09/01/1998, Docket: CP96-655-003, Status: Effective

Original Sheet No. 95 Original Sheet No. 95 : Effective

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

16.4 Emergency Contact and Constructive Notice:

 

COMPANY and SHIPPER shall specify in the Service Agreement the name,

telephone number, and, if available, facsimile machine number, of up

to three persons authorized to receive dispatching and emergency

notices on a twenty-four-hours-a-day basis. Notices outside of

normal business hours shall be given to this authorized

representative. If either party is unsuccessful in contacting the

other party's authorized representative at the telephone number

provided in the Service Agreement when providing telephonic notice

pursuant to Section 16.3(b) above, that party may establish

constructive notice to the other party and that notice will be deemed

duly given when either:

 

(a) notice is sent by facsimile machine, in which case the notice

shall be deemed given at the time the sending facsimile

machine confirms that the message was sent, or

 

(b) notice is attempted to be sent by facsimile machine, but the

sending facsimile machine does not confirm that the message

was sent, in which case COMPANY shall make at least two

additional attempts to send the message and the notice shall

be deemed given at the time the third attempt is made or at

the time the sending facsimile machine confirms that the

transmission could not be sent, or

 

(c) notice is attempted by making at least three telephone calls

not less often than fifteen minutes apart, in which case the

notice shall be deemed given at the time the third call is

made.