Cimarron River Pipeline, LLC

Original Volume No. 1

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Effective Date: 09/01/2008, Docket: CP08-17-001, Status: Effective

Original Sheet No. 34 Original Sheet No. 34






4.4 Negotiated Rates:


(a) Shipper and Transporter may agree, on a prospective basis, to a

Negotiated Rate with respect to the charges identified in Sections 4.1, 4.2,

4.3, and 4.5(a) herein. A Negotiated Rate may be less than, equal to, or

greater than the Maximum FT Rates stated on the applicable effective sheets

of this Tariff, shall not be less than Minimum FT Rates stated on the

applicable effective sheets of this Tariff, may be based on a rate design

other than straight fixed variable, and may include a minimum quantity. A

Negotiated Rate shall be stated in the FT TSA and on the applicable

effective sheets of this Tariff. The Maximum FT Rates shall be available to

any Shipper that does not choose a Negotiated Rate.


(b) Shippers paying a Negotiated Rate that exceeds the Maximum Rates

will be considered to be paying the Maximum Rates for purposes of

scheduling, curtailment, interruption, and matching competing bids for the

right of first refusal, or "ROFR." Replacement Shippers under ROFRs may not

bid or pay a rate greater than the Maximum Rates and are not eligible for

Negotiated Rates.


(c) If capacity subject to a Negotiated Rate that is based on a rate

design other than straight fixed variable is released, Shipper and

Transporter may agree on billing adjustments to the Releasing Shipper that

may vary from or that are in addition to those stated in Section 19 of the

General Terms and Conditions to establish the basis of accounting for revenue

from an Replacement Shipper as a means of preserving the economic basis of

the Negotiated Rate. The payment obligation and crediting mechanism for

capacity release shall be stated in the signed FT TSA. Nothing in this

Section 4.4 authorizes Transporter or Shipper to negotiate terms and

conditions of service.


(d) Transporter will submit to the Commission a tariff sheet stating

the exact legal name of the Shipper, the negotiated rate, the rate schedule,

the contract term, the Receipt Point(s), Delivery Point(s), the MDQ, and the

exact formula underlying a negotiated rate for any negotiated rate agreement.

Unless Transporter executes and files a non-conforming Agreement, such tariff

sheet will contain a statement that the negotiated rate agreement does not

deviate in any material respect from the form of Service Agreement of this

Tariff for the applicable rate schedule.