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. 77 Original Sheet No. 77

 

COMPANY shall provide RELEASING SHIPPER with e-mail notification within a

reasonable time if COMPANY sends any of the following formal notices to ACQUIRING

SHIPPER:

 

(1) Notice regarding the ACQUIRING SHIPPER's past due, deficiency, or default

notice status pursuant to Section 15 hereof;

 

(2) Notice regarding ACQUIRING SHIPPER's suspension of service notice;

 

(3) Notice regarding ACQUIRING SHIPPER's contract termination notice due to

default or credit related issues; and

 

(4) Notice that the ACQUIRING SHIPPER is no longer creditworthy and has not

provided credit alternative(s) pursuant to Section 2.1(d) hereof.

 

If the ACQUIRING SHIPPER fails to pay its reservation charges pursuant to the

provisions of Section 15 of these General Terms and Conditions, the RELEASING

SHIPPER shall have the right to recall its capacity by notifying the ACQUIRING

SHIPPER and COMPANY of such recall pursuant to the provisions of Section

20.3(b)(iii) above. All credits to the RELEASING SHIPPER'S bill shall be final and

nonreversible upon COMPANY'S receipt of payment from the ACQUIRING SHIPPER.

 

The ACQUIRING SHIPPER shall be obligated to pay COMPANY the Reservation Charge

specified in the award, including all associated volumetric surcharges and fuel,

applicable to the volumes the COMPANY transports under the ACQUIRING SHIPPER'S firm

Service Agreement. COMPANY will retain the payments, including associated

volumetric surcharges and fuel it receives from ACQUIRING SHIPPER. If any of the

maximum recourse rates billed to and paid by the ACQUIRING SHIPPER under its

Service Agreement exceed the maximum recourse rate which the Commission determines

to be just and reasonable and COMPANY is ordered to make refunds, the ACQUIRING

SHIPPER shall, unless its Service Agreement provides for discounted or Negotiated

Rates, be eligible to receive refunds to the extent of any payments it made in

excess of the rates the Commission subsequently determined to be just and

reasonable. For releases that become effective on or after July 30, 2008, the rate

paid by the ACQUIRING SHIPPER in any capacity release transaction with a term or

one (1) year or less which is not subject to the maximum rate cap will be deemed to

be a final rate and is not subject to refund.

 

20.6 Offer and Bid Procedures:

 

(a) Offer/Bid Schedule: As per NAESB Standard 5.3.2, the minimum days and

times by which both offers and bids for releases of capacity must be

electronically transmitted to the COMPANY in accordance with the procedures

set forth in Section 20.6(c) and Section 20.6(f) below, as well as other

minimum deadlines required by COMPANY for successful completion of the

bid/offer cycle, are set forth in Appendix D to these General Terms and

Conditions.