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. 169 Original Sheet No. 169


Each Party shall have the right to seek such governmental

authorizations as it deems necessary, and shall prosecute its

requests or applications for such authorization diligently. Upon

either Party's request, the other Party shall timely provide or

cause to be provided to the requesting Party such information and

material not within the requesting Party's control and/or

possession that may be required for such filings. Each Party

shall promptly inform the other Party of any changes in the

representations made by such Party herein and/or in the

information provided pursuant to this paragraph. Each Party shall

promptly provide the Party with a copy of all filings, notices,

approvals, and authorizations in the course of the prosecution of

its filings. If all such necessary regulatory approvals have not

been issued or have not been issued on terms and conditions

acceptable to Company or Shipper within twelve (12) months from

the date of the initial application therefore, then Company or

Shipper may terminate this Agreement without further liability or

obligation to the other Party by giving written notice thereof at

any time subsequent to the end of such twelve-month period, but

prior to the receipt of all such acceptable approvals. Such

notice will be effective as of the date it is delivered to the U.

S. Mail, for delivery by certified mail, return receipt requested.