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. 231 Original Sheet No. 231

 

GENERAL TERMS AND CONDITIONS

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(2) If the existing Shipper fails to match the

best bid, the existing Agreement shall terminate at the end of its

term and service to the existing Shipper shall be automatically

abandoned.

 

(3) Submission of a bid shall be binding on the

bidder. The bidder submitting the best bid shall be obligated to sign

an Agreement reflecting its bid if the existing Shipper fails to

match. Nothing herein shall preclude negotiation of a more acceptable

Agreement by mutual consent of MEP and such bidder; provided,

however, that service may not be agreed upon under terms and

conditions less favorable to MEP than the best bid without providing

the existing Shipper an additional opportunity to match such revised

terms and conditions.

 

(f) MEP shall notify the existing Shipper if no

qualified bid is received within one (1) week after the end of the

ten (10) day period the Capacity Announcement is posted. In the

absence of a qualified bid, the rate (within applicable maximums and

minimums) and the term for continued service shall be negotiated

between MEP and the existing Shipper. No discount or other special

terms shall apply to a rollover Agreement unless MEP and the existing

Shipper mutually agree. If no agreement is reached prior to the end

of the three (3) week period following MEP's notice to the existing

Shipper, the existing Shipper may, at that time, require that MEP

enter into an Agreement to provide service at the applicable maximum

rate for a term specified by Shipper and running from the date the

existing Agreement expires. Unless the existing Shipper so elects at

the end of the three (3) week period following MEP's notice to it,

MEP may negotiate with any Shipper, with the existing Shipper having

no further rights under this Section 16 and service under the

existing Agreement shall be terminated and automatically abandoned at

the expiration thereof.

 

(g) If the existing Shipper is eligible to receive

continued service under this Section 16.2, MEP shall tender a

rollover Agreement which conforms to the requirements of this Tariff

prior to the expiration of the existing Agreement. The existing

Shipper and MEP shall execute such rollover Agreement, or any

modified Agreement upon which MEP and Shipper may mutually agree

which is not inconsistent with this Tariff, within two (2) weeks. If

it fails to execute the rollover Agreement on a timely basis, the

existing Shipper shall (in addition to all other remedies available

to MEP for such Shipper's failure to fulfill its obligation to

execute such Agreement) forfeit any right to continuation of service

after the expiration of the existing Agreement.