MidContinent Express Pipeline LLC

Original Volume No. 1

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Effective Date: 04/10/2009, Docket: RP09-136-000, Status: Effective

Original Sheet No. 218 Original Sheet No. 218

 

GENERAL TERMS AND CONDITIONS

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(c) If a Replacement Shipper or Subreplacement Shipper

does not make payment to MEP of the reservation portion of the

charges due as set forth in its Released Firm Transportation

Agreement, MEP shall bill the Releasing Shipper(s) from whom such

Replacement or Subreplacement Shipper received the capacity for the

amount(s) due, including all applicable late charges authorized by

MEP's Tariff, and such amount shall be paid by such Releasing Shipper

within ten (10) days of the receipt of such billing, or interest

shall continue to accrue. In the event that the Replacement or

Subreplacement Shipper has not paid such amount(s) due by the end of

such ten (10) day period, then: (1) the Releasing Shipper has the

right to recall the capacity; and (2) MEP's rights against the

delinquent Replacement/Subreplacement Shipper shall be subrogated to

the related rights of the Releasing Shipper. MEP shall make a

reasonable effort to collect from the Replacement/ Subreplacement

Shipper the amount(s) due. Such reasonable effort shall not include

incurring costs from outside attorneys, collection agents or other

third parties.

 

(d) All payments received from a Replacement or

Subreplacement Shipper shall first be applied to reservation charges,

then to late charges on reservation charges, then to cashout amounts,

then to late charges not on the reservation charges, and then last to

commodity-based charges. Except as may otherwise be provided pursuant

to Section 30.4 of these General Terms and Conditions, payments by

Replacement or Subreplacement Shippers in excess of the total

amount(s) due for the Released Firm Transportation Agreement capacity

shall be a credit applied to any outstanding balance owed under any

contract with MEP, or a refund if requested in writing and no such

outstanding balance exists.

 

(e) Refunds Due Under Releases Greater Than One (1)

Year

 

If MEP is obligated to refund any amounts

attributable to reservation charges for capacity which has been

released, MEP shall make the applicable refund to the Replacement

Shipper to the extent that MEP has actually received reservation

charge amounts from the Replacement Shipper in excess of the amounts

assessable under the revised maximum reservation charge rates (which

amounts are credited to the account of the Releasing Shipper under

Section 14.13(d) above). Except as may otherwise be provided