High Island Offshore System, L.L.C.
Third Revised Volume No. 1
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Effective Date: 04/01/2007, Docket: RP07-575-000, Status: Effective
Second Revised Sheet No. 228 Second Revised Sheet No. 228 : Effective
Superseding: First Revised Sheet No. 228
NGL BANK AGREEMENT (Continued)
All fees provided for in this Section 5.4 shall be adjusted as of the first day
of April each year commencing April 1, 2005. The adjustment shall be computed by
multiplying the cost and/or fee then in use by the percentage increase in the
average weekly earnings of Crude Petroleum and Gas Production Workers for the
last calendar year compared with the calendar year preceding as shown by the
Index of average weekly earnings of Crude Petroleum and Gas Production Workers as
published by the United States Department of Labor, Bureau of Labor Statistics.
Such adjustment shall be effective each April 1, and shall be applicable from
said date until March 31 of the following year.
All fees provided for in this Section 5.4 shall be adjusted as of the first day of
April each year commencing April 1, 2006. The adjustment shall be computed by
multiplying the cost and/or fee then in use by the percentage increase as posted by
the Council of Petroleum Accountants Societies (COPAS) "Model Form Interpretation
50 - Overhead Adjustment Index" or similar index, if COPAS is not available, for
the last calendar year compared with the calendar year preceding as shown by COPAS
or similar index. Such adjustment shall be effective each April 1, and shall be
applicable from said date until March 31 of the following year.
5.5 NGL Bank Billings and Payments. Administrator shall invoice Shipper or its agent
for any net NGL Bank settlement amounts due plus NGL Bank administrative fees no
later than 5 business days after providing settlement statements. Shipper agrees
that it, or its agent, will abide by and will pay any such invoice in accordance
with the provisions of Transporter's FERC Gas Tariff. Designation of an agent
shall not relieve Shipper from any rights or responsibilities arising from this
Agreement.
Administrator shall remit payment from the NGL Bank to Shipper or its agent for
any net NGL Bank settlement amounts payable less NGL Bank administrative fees no
later than 30 days after providing settlement statements. To the extent that all
monies due the NGL Bank for a particular month are not received in a timely manner
from shippers owing the NGL Bank, Administrator shall pro-rate monies available
for disbursement from the NGL Bank to shippers owed monies by the NGL Bank based
upon the total amount owed any such shipper compared with the total amount owed to
all shippers for that month. Administrator shall make appropriate adjustments in
the succeeding months until any such shortfalls have been satisfied; provided,
however, that Administrator shall not be required to pay interest on the unpaid
portion of any amount due any shipper. Notwithstanding anything to the contrary
herein, in no event shall Administrator be obligated to pay out more funds from
the NGL Bank than it has received from shippers, after deduction for
administrative fees.
Shipper will be charged interest on late payments or partial payments in
accordance with the provisions of Transporter's FERC Gas Tariff and also will be
subject to all other remedies for non-payment available to Transporter as provided
by Transporter's FERC Gas Tariff. Any interest collected by Administrator
hereunder attributable to payment shortfalls into the NGL Bank shall be pro-rated
among those shippers owed money from the NGL Bank taking into consideration the
amount owed and the length of time such amount has been owed.
Shipper acknowledges and agrees that Administrator shall not be obligated to
disperse any NGL Bank settlement funds to Shipper unless and until Administrator
has received sufficient settlement funds from other shippers to pay the amounts
due Shipper. It is the intent of the parties hereto that Administrator shall act
only as a conduit for NGL Bank settlement funds and shall have no obligation or
liability for any settlements due Shipper.
Administrator shall have the operational authority to net out any funds due
Shipper(s) against funds owed by Shipper(s) that are delinquent on payments to the
NGL Bank. Shipper(s) will not have the same operational authority to net out
funds due the NGL Bank against funds due Shipper(s).