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.