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. 177 Original Sheet No. 177

 

ARTICLE IV

BILLING AND PAYMENTS

 

Company shall bill and Shipper shall pay all rates and charges in

accordance with Section 15 of the General Terms and Conditions of Company's

FERC Gas Tariff.

 

ARTICLE V

GENERAL TERMS AND CONDITIONS

 

This Agreement shall be subject to the effective provisions of Company's

Rate Schedule PAL and to the General Terms and Conditions incorporated

therein, as the same may be changed or superseded from time to time in

accordance with the rules and regulations of the FERC.

 

ARTICLE VI

REGULATION

 

This Agreement shall be subject to all applicable and lawful

governmental statutes, orders, rules and regulations and is contingent upon

the receipt and continuation of all necessary regulatory approvals or

authorizations upon terms acceptable to Company. This Agreement shall be void

and of no force and effect if any necessary regulatory approval is not so

obtained or continued. All Parties hereto shall cooperate to obtain or

continue all necessary approvals or authorizations, but no Party shall be

liable to any other Party for failure to obtain or continue such approvals or

authorizations.

 

ARTICLE VII

RESPONSIBILITY DURING PAL

 

Except as herein specified, the responsibility for gas for the duration

of the park or loan service shall be as stated in the General Terms and

Conditions of Company's FERC Gas Tariff Volume No. 1.

 

ARTICLE VIII

WARRANTIES

 

8.1 In addition to the warranties set forth in Section 9 of the

General Terms and Conditions of Company's FERC Gas Tariff, Shipper

warrants the following: (a) Shipper warrants that all upstream and

downstream pooling and transportation arrangements are in place,

or will be in place as of the requested effective date of service,

and that it has advised, if necessary, the upstream and downstream

parties of this Agreement and any quantity limitations for each

PT. Shipper agrees to indemnify and hold Company harmless for

refusal to provide parking service hereunder in the event any

upstream or downstream party fails to receive or deliver gas as

contemplated by this Agreement; (b) Shipper agrees to indemnify

and hold Company harmless from all suits, actions, debts,

accounts, damages, costs, losses and expenses (including

reasonable attorneys fees) arising from or out of breach of any

warranty by Shipper herein.