Southeast Supply Header, LLC
Original Volume No. 1
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Effective Date: 09/04/2008, Docket: CP07-44-005, Status: Effective
Original Sheet No. 339 Original Sheet No. 339
GENERAL TERMS AND CONDITIONS
(CONTINUED)
28. RIGHT OF FIRST REFUSAL (continued)
28.3 Procedure.
(a) Transporter shall notify Shipper no later than three (3)
Months prior to the expiration of the Agreement whether any
outstanding bona fide offers exist for Transporter's
capacity at a higher rate and/or for a longer term which
could be satisfied by the relinquishment of Shipper's
capacity. Offers will be deemed bona fide if made in
compliance with Section 26 of these General Terms and
Conditions. Any party that has an outstanding request for
firm service under Section 26 of these General Terms and
Conditions shall be notified and given the opportunity to
specify the rate and term it is willing to offer for
Shipper's capacity. If Transporter has received any such
offers, Transporter shall inform Shipper of the rate, up to
the Maximum Recourse Rate, and the term, up to a maximum
time allowable by the Commission, that has been offered for
Shipper's capacity. Shipper shall notify Transporter
within ten (10) Business Days after notification whether it
desires to match the rate and term offered, and, if so, to
provide a binding commitment in writing to Transporter to
execute a contract containing said terms within the next
thirty (30) Business Days.
(b) If Transporter does not notify Shipper of the existence of
any offers for Shipper's capacity under Section 28.3(a),
Transporter and Shipper may negotiate the terms and
conditions of a new Agreement; provided, however, that in
no event shall Shipper have any automatic right to renew
service at a negotiated or discounted rate; provided
further, however, Shipper may select the term of the
Agreement after agreeing to pay the Maximum Recourse Rates,
and all applicable surcharges.