Elba Express Company, L.L.C.

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 03/01/2010, Docket: RP10-342-000, Status: Effective

Original Sheet No. 166 Original Sheet No. 166

 

Article 4

 

TERM

 

4.1 Subject to the provisions hereof, this Agreement shall become

effective as of the date first hereinabove written and shall be in full

force and effect for a primary term of ______________ and shall continue

and remain in force and effect for successive terms of _______ each

thereafter unless and until cancelled by either Party giving

_____________ written notice to the other Party prior to the end of the

primary term or any _______________ extension thereof, provided however,

this agreement may be terminated by COMPANY if no nominations are

requested during a period of 12 consecutive months.

 

Article 5

 

CONDITIONS PRECEDENT

 

5.1 Company has no obligation to commence or continue 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, (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, if SHIPPER is deemed by COMPANY

not creditworthy, (3) COMPANY has received from SHIPPER or on SHIPPER'S

behalf credit support acceptable to COMPANY .

 

Article 6

 

REMUNERATION

 

6.1 Shipper shall pay Company monthly for the transportation services

rendered hereunder the charges specified in Rate Schedule ITS, including

any penalty and other authorized charges assessed under Rate Schedule

ITS and the GT&C. 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 ITS or the Parties may agree to a

Negotiated Rate for such services in accordance with the provisions of

Rate Schedule ITS. 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 Schedule ITS during the

period in which they are in effect.

 

 

6.2 The rates and charges provided for under Rate Schedule ITS shall

be subject to increase or decrease pursuant to any order issued by the

Commission in any proceeding initiated by Company or applicable to the

services performed hereunder. Shipper agrees that Company shall, without

any further agreement by Shipper, have the right to change from time to

time, all or any part of this Agreement, as well as all or any part of

Rate Schedule ITS, or the GT&C, including without limitation the right

to change the rates and charges in effect hereunder, pursuant to Section

4(d) of the Natural Gas Act as may be deemed necessary by