Stingray Pipeline Company, L. L. C.

Third Revised Volume No. 1

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Effective Date: 11/01/2008, Docket: RP08-436-000, Status: Effective

First Revised Sheet No. 80 First Revised Sheet No. 80

Superseding: Original Revised Sheet No. 80

 

RATE SCHEDULE FTS-2

FIRM TRANSPORTATION SERVICE

 

18. GOVERNMENTAL AUTHORIZATIONS

 

Transportation service under this Rate Schedule FTS-2 and

effective FTS-2 Agreement(s) shall be implemented pursuant to any

applicable self-implementing authorizations or program of the FERC

for which Stingray has filed or in which Stingray has agreed to

participate.

 

19. TERMINATION OF SERVICE AGREEMENT

 

19.1 If Shipper fails to make the payments due to Stingray under

this Rate Schedule FTS-2 in accordance with Section 13 of

the General Terms and Conditions of this Tariff, then

following thirty (30) Days' Notice to Shipper by Stingray of

its intent to terminate Shipper's FTS-2 Agreement by reason

of such non-payment, provided in accordance with Section 25

of the General Terms and Conditions of this Tariff, Stingray

shall have the right, in addition to any and all other

remedies available to Stingray at law and in equity, to

terminate Shipper's FTS-2 Agreement hereunder if Shipper

fails to cure such non-payment within such thirty (30) Day

period. Provided, however, if Shipper, in good faith,

disputes the amount of any such bill or portion thereof and

pays to Stingray in a timely manner such amounts as it

concedes to be correct, Stingray shall not have the right to

terminate Shipper's FTS-2 Agreement; provided, however,

Stingray shall have all of the rights set out in this

Tariff.

 

19.2 If either Shipper or Stingray fails to cure an event of

Force Majeure within ninety (90) Days of having provided

notice to the other party of the existence of a condition of

Force Majeure declared in accordance with Section 23 of the

General Terms and Conditions of this Tariff, then the party

not claiming Force Majeure may, upon providing thirty (30)

Days notice to the other party in accordance with Section 25

of the General Terms and Conditions of this Tariff,

terminate the FTS-2 Agreement as to which the event of Force

Majeure relates. Provided, however, Shipper shall have one

hundred eighty (180) Days to cure an event of Force Majeure

affecting production at depths of two hundred (200) meters

or greater; and, provided further, if the party declaring

Force Majeure has been diligently pursuing a cure of the

Force Majeure event during such ninety (90) or one hundred

eighty (180) Day cure period specified above but has not

cured the Force Majeure event by the close of such period,

then the termination rights of this Section shall not apply

so long as such diligent pursuit continues.