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.