Trunkline LNG Company, LLC
Second Revised Volume No. 1-A
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Effective Date: 08/01/2003, Docket: RP03-535-000, Status: Effective
Original Sheet No. 105 Original Sheet No. 105 : Effective
GENERAL TERMS AND CONDITIONS
11. RIGHT OF FIRST REFUSAL (Continued)
(E) If TLNG receives no acceptable offers for all or any
portion of the capacity used to provide service under
Shipper's Long-Term Agreement, TLNG shall notify
Shipper of such no later than six (6) months prior to
the expiration of the primary term of the Long-Term
Agreement. In such event, Shipper may continue to
receive service under a new Long-Term Agreement with
any term Shipper chooses, at the applicable maximum
rate or at a rate agreed to by TLNG and Shipper.
Shipper must notify TLNG of its intent and indicate the
term of the new Long-Term Agreement within 15 days of
having been notified by TLNG that no acceptable offer was
received. TLNG will then be obligated to tender the new
Long-Term Agreement to Shipper within 15 days of Shipper's
notification. If Shipper (1) fails to provide TLNG the
term of the requested new Long-Term Agreement within the
required 15 day period, or (2) does not return an executed
Service Agreement reflecting such term to TLNG within 30
days of the date such contract is tendered, then Shipper
shall be deemed to have elected not to continue service
under a Long-Term Agreement pursuant to the provisions of
this Section 11.
11.3 TLNG shall not be obligated to tender, execute or extend a
Service Agreement at any rate less than the Maximum Rate.
It shall be within TLNG's sole discretion to tender,
execute or extend a Service Agreement at any rate and
economic value less than the applicable Maximum Rate and
economic value for the service requested.
11.4 A party desiring to bid on capacity that is subject to a
right of first refusal must first meet all of the
requirements for a request for service set forth in
Section 2 herein, including submission of the applicable
payment under Section 2.4 herein.