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.