Stingray Pipeline Company, L. L. C.

Third Revised Volume No. 1

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Effective Date: 08/01/2009, Docket: RP08-436-004, Status: Effective

Third Revised Sheet No. 319 Third Revised Sheet No. 319

Superseding: Second Revised Sheet No. 319

 

and/or interest in the Dedicated Reserves as null and void unless such

assignment or other transfer shall include express provisions stating

that such assignment or other transfer is made in compliance with and

subject to the terms of this dedication as to the interests transferred

or assigned, such that all of Shipper's (including its successors')

rights, titles and/or interests in and to the Dedicated Reserves remain

dedicated for transportation on Stingray for the [select one of the

following -- economic life of the reserves, or time period set forth in

Section 1.1 above].

 

1.3 The transportation of Dedicated Reserves by Shipper or by Shipper's

Designee on another pipeline (other than when Stingray has invoked Force

Majeure on its pipeline system) is a breach and violation of the

dedication hereunder. In such event, the discounted transportation rate

granted by Stingray to Shipper or to Shipper's Designee for the

transportation of Dedicated Reserves shall be revoked on a prospective

basis, and this Agreement shall terminate and be of no further force and

effect, as set forth in Section 2.5 below.

 

1.4 In the event of interruption by Stingray due to a Force Majeure

situation, Shipper or Shipper's Designee has the right immediately to

deliver the affected Dedicated Reserves to an alternate pipeline for

transportation service during that time without penalty; provided,

however, that Shipper or Shipper's Designee shall be required to resume

deliveries of the Dedicated Reserves to Stingray for transportation

service no later than:

 

(a) the first Day of the Month after receipt by Shipper or Shipper's

Designee of Stingray's notice to Shipper or Shipper's Designee to

resume deliveries of the Dedicated Reserves to Stingray, provided

that such notice is provided to Shipper or Shipper's Designee no

later than the 20th Day of a Month, or

 

(b) the first Day of the second Month after receipt by Shipper of

Stingray's notice to Shipper or Shipper's Designee to resume

deliveries of the Dedicated Reserves to Stingray, in the event

that such notice is made after the 20th Day of a Month.

 

1.5 In the event of a temporary interruption by Stingray due to an event on

Stingray's system (other than an event in the ordinary course of

business, normal operation fluctuations allowed for within Stingray's

Tariff, or a Force Majeure situation) and not an event on the facilities

of a third-party, Shipper or Shipper's Designee has the right

immediately to deliver the affected Dedicated Reserves to an alternate

pipeline for transportation service during that time without penalty;

provided, however, that Shipper or Shipper's Designee shall be required

to resume deliveries of the Dedicated Reserves to Stingray for

transportation service as soon as reasonably possible or operationally

practicable but no more than two (2) Business Days following a posting

by Stingray on its Interactive Internet Website that the interruption by

Stingray has ceased.