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