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. 16 Original Sheet No. 16
COMPANY shall make the quantity of gas loaned under the PAL Agreement
available at the PT for a time period up to the maximum term as specified
in the executed PAL Agreement. Loaned quantities shall be returned to
COMPANY at the PT where SHIPPER received gas, subject to the nomination
procedures set forth in Section 4 of this Rate Schedule.
(iii) The combination of (i) and (ii) above may occur under the same PAL
2.2 The parking and loaning of natural gas under this Rate Schedule shall be on an
interruptible basis and shall be scheduled when and to the extent that COMPANY
determines, using its reasonable discretion, that capacity is available on its
existing facilities and that it has the operational flexibility to provide the
service without detriment or disadvantage to COMPANY's firm or interruptible
2.3 Service under this Rate Schedule will be made available on a first come, first
served basis, to any SHIPPER willing and able to pay maximum rates or such other
rate mutually agreed upon by COMPANY and SHIPPER, subject to all applicable
provisions of the General Terms and Conditions of COMPANY's Tariff. COMPANY shall
be under no obligation to provide service under this Rate Schedule at less than
the maximum rate.
2.4 COMPANY shall not be required to provide service under this Rate Schedule that
would require COMPANY to install, operate or maintain any additional facilities.
3. QUALIFICATIONS FOR SERVICE
In addition to the information provided in the PAL Agreement, SHIPPER also shall provide
the following information to COMPANY with its initial request for service:
(i) Certification-Certification from SHIPPER that:
(a) SHIPPER will warrant for itself, its successors and assigns, that it
will at the time of delivery to COMPANY have title to all gas free
and clear of all liens, encumbrances, and claims whatsoever. SHIPPER
shall indemnify COMPANY and hold it harmless from all suits, actions,
debts, accounts, damages, costs, losses, and expenses arising from or
out of adverse claims of any or all persons or parties to said gas,
including claims for royalties, taxes, license fees or charges
applicable to such gas or to the delivery thereof to COMPANY under
this Rate Schedule; and
(b) It has entered into all necessary arrangements to assure that
upstream and downstream transportation, if any, will be in place
prior to the commencement of service on COMPANY's system.
(ii) Credit Information-SHIPPER shall furnish credit information as prescribed in
Section 2.1(a)(ix) of the General Terms and Conditions.