Guardian Pipeline, L.L.C.

Original Volume No. 1

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Effective Date: 08/01/2010, Docket: RP10-926-000, Status: Effective

Fifth Revised Sheet No. 203 Fifth Revised Sheet No. 203

Superseding: Fourth Revised Sheet No. 203

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

26. DISCOUNTS, NEGOTIATED RATES, RATE CHANGES, AND ADJUSTMENTS

(Continued)

 

26.2 Negotiated Rates

 

(a) Notwithstanding anything to the contrary contained in

this Tariff, Transporter and Shipper may negotiate a

rate for service under any Rate Schedule contained in

this Tariff. Transporter's maximum Rate Schedules FT-

1, FT-2, IT-1, IT-2, MA, OSS and LBS rate(s), as shown

on Transporter's Statement of Rates ("Recourse Rate"),

is available for any Shipper that does not desire to

negotiate a rate with Transporter.

 

(b) A Negotiated Rate shall mean a rate for service, which

may be less than, equal to or greater than

Transporter's maximum reservation charge, if

applicable, or usage charge, as stated on

Transporter's Statement of Rates for that service,

shall not be less than the minimum rate, may be based

on a rate design other than Straight Fixed Variable

("SFV") and may include a minimum quantity. With

respect to a Negotiated Rate which, when calculated on

a 100% load factor basis, exceeds Transporter's

maximum rate for that service, for purposes of

allocation of receipts and deliveries pursuant to

Section 13, Shippers who have agreed to pay said

Negotiated Rate would be considered to have paid the

maximum Recourse Rate. For purposes of exercising

rights to continue service pursuant to Section 23, the

highest rate that a Shipper must match if it desires

to retain all or a portion of its capacity and

continue to receive service under the same Rate

Schedule beyond the expiration date of such Service

Agreement is the maximum rate applicable to such

service.