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and as the same may be legally amended or superseded from time to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