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.