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. 72 Original Sheet No. 72
Regardless of whether a release is recallable, the ACQUIRING SHIPPER
may not change any of the Receipt or Delivery Points without the
consent of the RELEASING SHIPPER as designated in the offer of firm
capacity under Section 20.6(c) below.
(ii) Temporary Release Subject to Recall: Subject to the provisions of
Section 20.3(b)(iii) herein, a RELEASING SHIPPER may temporarily
release firm capacity subject to a right of recall by the RELEASING
SHIPPER upon the occurrence of the condition precedent specified in
the RELEASING SHIPPER'S Offer under Section 20.6(c) below. The
minimum term for any Temporary Release Subject to Recall shall be
one contract day. Any Temporary Release Subject to Recall offered
for more than one contract day must be offered for a consecutive
number of days, but such release can commence on any day during the
month.
(iii) Recall Rights: A RELEASING SHIPPER has the right to define the
condition(s) precedent which will result in a recall of the released
firm capacity or that it will recall its capacity for any reason,
upon notice to COMPANY.
A RELEASING SHIPPER exercising its right to recall its firm capacity
may recall its capacity by the following method. COMPANY shall
provide the RELEASING SHIPPER with the ability to recall, i.e.
reactivate, its released capacity through SoNet Premier. A RELEASING
SHIPPER may, to the extent permitted as a condition of the capacity
release, recall released capacity (scheduled or unscheduled) at the
Daily Nomination cycle, the Evening Nomination cycle, and at the
Intraday-1 and Intraday-2 Nomination cycles by providing notice to
COMPANY by the following times for each cycle: 8 a.m. CCT for the
Daily Nomination cycle on the Day that Daily Nominations are due as
set forth above in Section 12.1(c); 3:00 p.m. CCT as an early
evening notification for the Evening Nomination cycle on the Day
that Evening Nominations are due; 5:00 p.m. CCT for the Evening
Nomination cycle on the Day that Evening Nominations are due; 7
a.m. CCT for the Intraday-1 Nomination cycle on the Day that the
Intraday-1 Nominations are due, and 2:30 p.m. for the Intraday-2
nomination cycle on the Day that the Intraday-2 Nominations are due.
Notification to ACQUIRING SHIPPERS will be provided by COMPANY
pursuant to Section 18.3(b) above within one hour of receipt of any
recall notifications received between 7:00 a.m. and 5:00 p.m. For
all recall notifications received between 5:00 p.m. and 7:00 a.m.,
notifications to ACQUIRING SHIPPERS will be provided by COMPANY no
later than 8:00 a.m. If the scheduled quantities from the prior
scheduling cycle are not available by the next cycle's recall
deadline, the recall notification times shall be extended for a
proportionate period of time. The obligation of COMPANY to provide
an ACQUIRING SHIPPER notification of a recall is waived until at
least one functional e-mail address has been provided to COMPANY by
ACQUIRING SHIPPER as set forth above in Section 18.4.