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. 176 Original Sheet No. 176

 

1.4 Company and Shipper shall execute a new Exhibit A for each park or

loan service agreed to hereunder. Each Exhibit A shall set forth

a deal number for each transaction, which SHIPPER shall use when

nominating its service thereunder.

 

ARTICLE II

TERM OF AGREEMENT

 

2.1 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.

 

2.2 Company shall have the right to discontinue service under this

Agreement in accordance with Section 15.3 of the General Terms and

Conditions hereto.

 

ARTICLE III

RATE SCHEDULE AND PRICE

 

3.1 RATES - Shipper shall pay Company for service hereunder in

accordance with Company's Rate Schedule PAL and the applicable

provisions of the General Terms and Conditions of Company's FERC

Gas Tariff as filed with the Federal Energy Regulatory Commission,

and as the same may be legally amended or superseded from time to

time. Such Rate Schedule and General Terms and Conditions are by

this reference made a part hereof. Except as provided to the

contrary in any written or electronic agreement(s) between Company

and Shipper in effect during the term of this Agreement, Shipper

shall pay Company the applicable maximum rate(s) and all other

applicable charges and surcharges specified in the Summary of

Rates in Company's FERC Gas Tariff and in this Rate Schedule.

Company may agree from time to time to discount the rates charged

Shipper for services provided hereunder or Company may agree to a

negotiated rate. Such discounted or negotiated charges shall be

set forth on Exhibit A hereto and shall take precedence over the

charges set forth in Rate Schedule PAL during the period in which

they are in effect.

 

Any discounted rate granted by Company hereunder shall be a rate

between the applicable minimum and maximum rate.

 

3.2 INCIDENTAL CHARGES - Shipper agrees to reimburse Company for any

filing or similar fees, which have not been previously paid by

Shipper, which Company incurs in rendering service hereunder.

 

3.3 CHANGES IN RATES AND CHARGES - Shipper agrees that Company shall

have the unilateral right to file with the appropriate regulatory

authority and make changes effective in (a) the rates and charges

applicable to service pursuant to Company's Rate Schedule PAL,

(b) the rate schedule pursuant to which service hereunder is

rendered, or (c) any provision of the General Terms and

Conditions applicable to such rate schedule. Company agrees that

Shipper may protest or contest the aforementioned filings, or may

seek authorization from duly constituted regulatory authorities

for such adjustment of Company's existing FERC Gas Tariff as may

be found necessary to assure Company just and reasonable rates.