Stingray Pipeline Company, L. L. C.

Third Revised Volume No. 1

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Effective Date: 12/01/1993, Docket: RS92- 81-003, Status: Effective

Original Sheet No. 179 Original Sheet No. 179 : Effective

 

GENERAL TERMS AND CONDITIONS

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retain only a portion of its MDQ, the analysis of whether the

original Shipper has matched the best bid may take into account the

MDQ requested under the best bid relative to the MDQ the original

Shipper seeks to retain. The original Shipper may provide a

counteroffer which contains either a higher price than the best bid

or a longer term than the best bid to offset a shorter term or a

lower price than that offered in the best bid. Stingray shall

determine whether such a counteroffer constitutes a match, utilizing

the same criteria as were applied to determine the best bid.

 

(e) (1) If the original Shipper matches the best bid

that Stingray is willing to accept, it shall be entitled to

continuation of service and shall be obligated to sign an Agreement

tendered by Stingray which reflects the best bid or any counteroffer

by the original Shipper which matches such best bid.

 

(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 original Shipper fails

to match. Nothing herein shall preclude negotiation of a more

acceptable Agreement by mutual consent of Stingray and such bidder;

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

and conditions less favorable to Stingray than the best bid without

providing the original Shipper an additional opportunity to match

such revised terms and conditions.

 

(f) In the absence of a qualified bid, the rate (within

applicable maximums and minimums) and the term shall be negotiated

between Stingray and the Shipper. No discount or other special

terms shall continue under a rollover Agreement unless Stingray and

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

expiration of the existing Agreement, Shipper may require that

Stingray 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 Shipper so

elects, service hereunder shall be terminated and automatically

abandoned.