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. 165 Original Sheet No. 165
Article 2
CONDITIONS OF SERVICE
2.1 The transportation service hereunder is provided on an
interruptible basis pursuant to, in accordance with and subject to the
provisions of Company's Rate Schedule ITS and the GT&C, as in effect
from time to time, and which are hereby incorporated by reference. In
the event of any conflict between this Agreement and Rate Schedule ITS,
the terms of Rate Schedule ITS shall govern as to the point of conflict.
Any limitation of transportation service hereunder shall be in
accordance with the priorities set out in Rate Schedule ITS and the
GT&C.
2.2 This Agreement is subject to all provisions of the GT&C applicable
to Company's Rate Schedule ITS as such GT&C may be revised from time to
time. Unless Shipper requests otherwise, Company shall provide to
Shipper the filings Company makes at the Federal Energy Regulatory
Commission ("Commission") of such provisions of the GT&C or other
matters relating to Rate Schedule ITS.
2.3 Company makes no representation, assurance or warranty that
capacity will be available on Company's pipeline system at any time and
Shipper agrees that Company shall bear no responsibility or liability to
any person if capacity does not exist on any day to provide service
hereunder.
2.4 Company shall have the right to discontinue service under this
Agreement in accordance with Section 15.3 of the GT&C hereto.
2.5 The Party's obligations to indemnify each other, and other
liability toward each other, shall be as set forth in the GT&C.
2.6 This Agreement is subject to the provisions of Subpart G of Part
284 of the Commission's Regulations under the NGPA and the Natural Gas
Act. Upon termination of this Agreement, Company and Shipper shall be
relieved of further obligation to the other Party except to complete the
transportation of gas underway on the day of termination, to comply with
the provisions of Section 14 of the GT&C with respect to any imbalances
accrued prior to termination of this Agreement, to render reports, and
to make payment for all obligations accruing prior to the date of
termination.
Article 3
NOTICES
3.1 Except as provided in Section 7.6 herein, notices hereunder shall
be given pursuant to the provisions of Section 18 of the GT&C to the
respective Party at the applicable address, telephone number or
facsimile machine number or e-mail addresses provided by the Parties on
Appendix C to the General Terms and Conditions or such other addresses,
telephone numbers, facsimile machine numbers or e-mail addresses as the
Parties shall respectively hereafter designate in writing from time to
time.