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. 67 Original Sheet No. 67

 

(c) All notices concerning the availability of SHIPPER's invoice on SoNet

Premier shall be rendered electronically by e-mail to the address specified

on the form in Appendix C to the GT&C.

 

(d) COMPANY and SHIPPER may agree in writing to an alternative method of giving

notice to those specified in Sections 18.3(a)-(c). Any such agreed upon

alternative method of giving notice shall remain effective until rescinded

by either party giving prior written notice to the other party. COMPANY

and SHIPPER may change any and provide additional e-mail or text pager

addresses, telephone numbers or facsimile machine numbers to which

dispatching notices are to be given at any time by giving prior written

notice to the other party.

 

(e) On a daily basis, COMPANY shall make available to all affected SHIPPERS at

each SHIPPER'S e-mail address(es) specified by SHIPPER a list of any of its

scheduled quantities that are being bumped due to capacity allocations

under Section 16.2 of the Tariff.

 

18.4 Emergency Contact and Constructive Notice:

 

COMPANY and SHIPPER shall specify the contact information contained on the form set

forth in Appendix C to the GT&C the name, e-mail address, telephone number, and, if

available, facsimile machine number and text pager number, of up to three persons

authorized to receive dispatching and emergency notices on a twenty-four-hours-a-

day basis. With respect to notification of recalls of capacity release

transactions, ACQUIRING SHIPPERS should provide COMPANY with no more than two e-

mail addresses to be used for recall notification. Notices outside of normal

business hours shall be given to this authorized representative. With respect to

notification concerning the availability of invoices on SoNet Premier, SHIPPER

should provide two email addresses on the form set forth in Appendix C to the GT&C.

If either party is unsuccessful in contacting one of the other party's authorized

representatives at the e-mail address provided, that party may establish

constructive notice to the other party and that notice will be deemed duly given

when either:

 

(a) notice is sent to two of the mandatory e-mail addresses provided to COMPANY

by SHIPPER and at least one of those e-mail addresses does not return an

undeliverable error message; or

 

(b) notice is sent by facsimile machine, in which case the notice shall be

deemed given at the time the sending facsimile machine confirms that the

message was sent, or

 

(c) notice is attempted to be sent by facsimile machine, but the sending

facsimile machine does not confirm that the message was sent, in which case

COMPANY shall make at least two additional attempts to send the message and

the notice shall be deemed given at the time the third attempt is made or

at the time the sending facsimile machine confirms that the transmission

could not be sent, or

 

(d) notice is attempted by making at least three telephone calls not less often

than fifteen minutes apart, in which case the notice shall be deemed given

at the time the third call is made.