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. 135 Original Sheet No. 135

 

4.2 If SHIPPER has not contracted for firm Transportation Demand under this Agreement directly

with COMPANY, as set forth on Exhibit B hereto, then the term of this Agreement shall be effective as

of the date first hereinabove written and shall remain in full force and effect for a primary term

through the end of the month, and month to month thereafter unless canceled by either Party giving at

least five (5) days written notice to the other Party prior to the end of the primary term or any

extension thereof, provided however, that this agreement may be terminated by COMPANY if no

nominations are requested during a period of 12 consecutive months. However, this Agreement shall not

terminate prior to the expiration of the effective date of any Capacity Release Transaction.

 

Article 5

 

CONDITIONS PRECEDENT

 

5.1 Company has no obligation to commence service hereunder unless and until (1) all facilities,

of whatever nature, as are required to permit the receipt, measurement, transportation, and delivery

of natural gas hereunder have been authorized, installed, and are in operating condition, and the

requirements of Section 28 of the GT&C have been satisfied, (2) Company, in its reasonable discretion,

has determined that such service would constitute transportation of natural gas authorized under all

applicable regulatory authorizations and the Commission's Regulations, and (3) COMPANY has received

from SHIPPER or on SHIPPER'S behalf a guarantee in the form provided in Appendix E in an amount equal

to __ months of maximum lawful Reservation Charges or, if COMPANY and SHIPPER have executed an Exhibit

F hereto, of the Negotiated Rates applicable to the Transportation Demand.

 

Article 6

REMUNERATION

 

6.1 Shipper shall pay Company monthly for the transportation services rendered hereunder the

charges specified in Rate Schedule FTS and under each effective Capacity Release Transaction, as

applicable, including any penalty and other authorized charges assessed under the FTS Rate Schedule

and the GT&C. For service requested from Company under Rate Schedule FTS, Company shall notify

Shipper as soon as practicable of the date services will commence hereunder, and if the date is not

the first day of the month, the Reservation Charge for the first month of service hereunder shall be

adjusted to reflect only the actual number of days during the month that transportation service is

available. Company may agree from time to time to discount the rates charged Shipper for services

provided hereunder in accordance with the provisions of Rate Schedule FTS. The Parties may agree to a

Negotiated Rate for such services in accordance with the provisions of Rate Schedule FTS. The

discounted or Negotiated Rates shall be set forth on Exhibit E or Exhibit F, respectively, hereto and

shall take precedence over the charges set forth in Rate Schedules FTS during the period in which they

are in effect.