Transwestern Pipeline Company, LLC

Third Revised Volume No. 1

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Effective Date: 03/01/2009, Docket: RP09-254-000, Status: Effective

Fifth Revised Sheet No. 177 Fifth Revised Sheet No. 177

Superseding: Fourth Revised Sheet No. 177

 

GENERAL TERMS AND CONDITIONS

(continued)

 

D. Billing: For any releases of capacity (primary, secondary, or subsequent),

Transporter shall directly bill the Replacement Shipper the negotiated rate for the

released capacity, as well as any applicable usage charges and penalties which may be

assessed on such transaction. The Replacement Shipper shall pay such amounts directly

to Transporter in accordance with the requirements of the FTS-1, LFT, FTS-4 and FTS-5

Rate Schedules and Transporter shall apply such amounts first to the reservation

charge(s) due for transportation service and then to any reservation surcharges(s)

(if applicable), including late charges related solely to such reservation charge(s),

then to any penalty due, then to usage charges, and finally to late charges not

related to any reservation charge(s) due. The Releasing Shipper will be billed for

and shall pay to Transporter any negotiated Marketing Fee plus the difference between

the Transporter's applicable rates under the Releasing Shipper's Service Agreement

and the negotiated rates billed to the Replacement Shipper, subject to Section

30.8.F. In the event that the Replacement Shipper's as-billed rate exceeds the

Releasing Shipper's applicable rate, the difference shall, at the Releasing Shipper's

discretion, either be credited by Transporter to the Releasing Shipper's account with

Transporter, or be refunded. Any amounts credited shall be limited to reservation

charge revenues received from the Replacement Shipper pursuant to the Replacement

Shipper's Service Agreement with Transporter. If a refund is elected by the

Releasing Shipper, Transporter shall make such refund by wire transfer within ten

days of its receipt of final payment from the Replacement Shipper, together with

interest computed in the manner set forth in Section 7.2 of these General Terms and

Conditions.

 

E. Termination for Non-payment: Should Replacement Shipper not make full payment of all

amounts billed to it by Transporter within 10 days of the date of any invoice,

Transporter shall notify the Replacement Shipper in writing, with a courtesy copy to

Releasing Shipper, advising that if default continues for a thirty day period from

such invoice date, the Service Agreement may be terminated; provided however,

Replacement Shipper may avoid termination by providing Transporter with good and

sufficient indemnity bond. If Replacement Shipper fails to cure or remedy non-

payment within such thirty day period, the Service Agreement between Transporter and

the Replacement Shipper may be terminated at the discretion of Transporter or

Releasing Shipper, and Releasing Shipper shall immediately be able to again release

such capacity under these procedures.