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. 138 Original Sheet No. 138

 

without the prior written consent of the other Party, which consent shall not be unreasonably

withheld, where COMPANY's request for credit support consistent with Section 2.1(d) of the GT&C shall

be deemed reasonable; provided, however, that either Party may assign or pledge this Agreement under

the provisions of any mortgage, deed of trust, indenture or similar instrument.

 

7.5 Exhibits A, B, and _________ attached to this Agreement constitute a part of this Agreement

and are incorporated herein.

 

7.6 This Agreement is subject to all present and future valid laws and orders, rules, and

regulations of any regulatory body of the federal or state government having or asserting jurisdiction

herein. After the execution of this Agreement for firm transportation capacity from Company, each

Party shall make and diligently prosecute all necessary filings with federal or other governmental

bodies, or both, as may be required for the initiation and continuation of the transportation service

which is the subject of this Agreement. Each Party shall have the right to seek such governmental

authorizations as it deems necessary, and shall prosecute its requests or applications diligently.

Upon either Party's request, the other Party shall timely provide or cause to be provided to the

requesting Party such information and material not within the requesting Party's control and/or

possession that may be required for such filings. Each Party shall promptly inform the other Party of

any changes in the representations made by such Party herein and/or in the information provided

pursuant to this paragraph. Each Party shall promptly provide the Party with a copy of all filings,

notices, approvals, and authorizations in the course of the prosecution of its filings. If all such

necessary regulatory approvals have not been issued or have not been issued on terms and conditions

acceptable to Company or Shipper within _______ months from the date of the initial FERC application

therefore, then Company or Shipper may terminate this Agreement without further liability or

obligation to the other Party by giving written notice thereof at any time subsequent to the end of

such _______-month period, but prior to the receipt of all such acceptable approvals. Company or

Shipper may waive their rights to terminate this Agreement under this section upon mutual agreement in

writing. Such notice will be effective as of the date it is delivered to the U.S. Mail, for delivery

by certified mail, return receipt requested.

 

7.7 (If applicable) This Agreement supersedes and cancels the Service Agreement (#__________)

dated _______________ between the Parties hereto.

 

IN WITNESS WHEREOF, this Agreement has been executed by the Parties as of the date

first written above by their respective duly authorized officers.

 

Attest/Witness: ELBA EXPRESS COMPANY, L.L.C.

 

_____________________________ By ___________________________

 

 

Its __________________________

 

 

(SHIPPER)

_____________________________ By___________________________

 

 

Its__________________________