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.