Elba Express Company, L.L.C.

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 03/01/2010, Docket: RP10-342-000, Status: Effective

Original Sheet No. 19 Original Sheet No. 19

 

6.3 Notwithstanding any provision of COMPANY's effective tariff to the

contrary, COMPANY and SHIPPER may mutually agree in writing to

rates, rate components, charges, or credits for service under

this Rate Schedule that differ from those rates, rate components,

charges, or credits that are otherwise prescribed, required,

established or imposed by this Rate Schedule or by any other

applicable provision of COMPANY's effective tariff. If COMPANY

agrees to such differing rates, rate components, charges, or

credits (referred to hereinafter and in this tariff as

"Negotiated Rate[s]"), then the Negotiated Rate[s] shall be

effective only for the period agreed upon by COMPANY. During

such period, the Negotiated Rate(s) shall govern and apply to the

SHIPPER's service and the otherwise applicable rate, rate

component, charge or credit which the parties have agreed to

replace with the Negotiated Rate(s), shall not apply to, or be

available to, the SHIPPER. At the end of such period, the

otherwise applicable maximum rates or charges shall govern the

service provided to SHIPPER. Only those rates, rate components,

charges, or credits identified by COMPANY and SHIPPER in writing

as being superseded by a Negotiated Rate(s) shall be ineffective

during the period that the Negotiated Rate(s) is in effect; all

other rates, rate components, charges or credits prescribed,

required, established or imposed by this Rate Schedule or

COMPANY's tariff shall remain in effect. COMPANY shall make any

filings at the FERC necessary to effectuate a Negotiated Rate(s).

 

6.4 Notwithstanding the fact that the charge to be paid by SHIPPER

hereunder is a daily charge, COMPANY shall bill Shipper for the

charges incurred hereunder on a monthly basis unless COMPANY has

agreed to bill SHIPPER according to an alternate payment schedule

such as at the end or beginning of the PAL transaction. If

applicable, COMPANY may also agree to bill SHIPPER a fixed

monthly charge or an agreed upon total charge for the PAL

transaction utilizing a variable daily rate provided that such

variable daily rate does not exceed COMPANY's applicable maximum

rate.

 

7. PENALTIES

 

7.1 Park Service:

 

(a) In the event any of the following occurs, parked quantities

shall become the property of COMPANY at no cost to COMPANY,

free and clear of any adverse claims:

 

(i) COMPANY's prevailing operations require COMPANY to

notify SHIPPER that deliveries of parked quantities

must be suspended or be reduced, and SHIPPER fails to

comply with such notification; and/or

 

(ii) COMPANY's prevailing operations require COMPANY to

notify SHIPPER that all or part of SHIPPER's parked

quantities must be removed, and SHIPPER fails to

comply within the specified time frame; and/or

 

(iii) the PAL account reflects a positive balance at the

termination date of the executed PAL Agreement and

COMPANY and SHIPPER have not otherwise agreed to extend

the termination date; and/or

 

(iv) SHIPPER does not comply with the terms of the parked

transaction.