Elba Express Company, L.L.C.

Original Volume No. 1

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

Original Sheet No. 32 Original Sheet No. 32

 

(iii) furnishes a guaranty either in the form provided in Appendix

E, as may be amended, or in another form agreed to between

COMPANY and SHIPPER from a creditworthy party that such

creditworthy party will be responsible for payment of all

charges and penalties assessed by COMPANY but not paid by

SHIPPER.

 

COMPANY shall not be required to perform services under a PAL Service

Agreement for any SHIPPER who is or has become insolvent, or who fails

to demonstrate creditworthiness, or who fails to make payments pursuant

to Section 15 hereof (except if SHIPPER has disputed a bill and made

provision for such payment in accordance with Section 15.3 hereof);

provided, however, such SHIPPER may receive PAL service if SHIPPER makes

a security deposit or furnishes good and sufficient surety in an amount

equal to the quantity of the gas to be parked or loaned at the value of

the gas per Dth, for a period of three months, or provides COMPANY with

a guaranty from a creditworthy party that said creditworthy party will

be responsible for the value of the gas including payment of all charges

and penalties assessed by COMPANY but not paid by SHIPPER.

 

(e) Subject to other provisions of COMPANY'S firm transportation Rate

Schedules and these General Terms and Conditions, Primary Receipt

Point(s) may be added to or deleted from Exhibit A to a Service

Agreement, Primary Delivery Point(s) may be added to or deleted

from Exhibit B to a Service Agreement, the Maximum Daily Receipt

Quantities or Maximum Daily Delivery Quantities may be increased

or decreased, or the term of any Service Agreement may be extended

beyond its primary term wherein the parties have agreed in

writing; provided that the Transportation Demand specified in or

underlying the Service Agreement is not increased. Such changes

shall not affect SHIPPER'S priority of service under a firm

transportation Rate Schedule.

 

To request any of the changes to a Service Agreement specified

above, SHIPPER shall submit a request in writing on the form set

forth in Section 2.1(a) above.

 

(f) COMPANY shall not be obligated to accept any request for firm

transportation service unless adequate firm capacity is available

without the construction or acquisition of additional facilities,

including the addition of or modification to flow measurement and

flow control equipment, by COMPANY on every portion of COMPANY'S

system (including Receipt and Delivery Point(s)) which would be

utilized in such transportation and throughout the year.