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. 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