GENERAL TERMS AND CONDITIONS
(CONTINUED)
30. INCORPORATION IN RATE SCHEDULES AND AGREEMENTS
These General Terms and Conditions are incorporated in and are a
part of Transporter's Rate Schedules and Agreements. To the
extent there is any inconsistency between terms in these General
Terms and Conditions and terms in Transporter's Rate Schedules or
Agreements, these General Terms and Conditions shall govern.
31. NEGOTIATED RATES
31.1 Availability. Notwithstanding anything to the contrary
contained in this Tariff, Transporter and Shipper may
mutually agree to a negotiated rate and contract term for
all or any portion of the capacity under any Part 284
Agreement, provided that Shipper has not acquired its
capacity under the capacity release provisions of Section
26. If only a portion of the capacity under any Agreement
will be priced at negotiated rates, the original Agreement
must first be bifurcated, and the existing maximum or
discounted recourse rates will continue to apply to the
Agreement not subject to the negotiated rates. If
Transporter and Shipper fail to agree to a negotiated rate,
Shipper may receive service at the applicable maximum
tariff rates, including surcharges, for service under the
Rate Schedule applicable to the service.
31.2 Filing Requirement. Transporter will submit to the
Commission a Statement of Negotiated Rates 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, the MHQ and where applicable,
the exact formula underlying a negotiated rate for any
negotiated rate agreement. Unless Transporter executes and
files a non-conforming Agreement, such Statement of
Negotiated Rates will contain a statement that the
negotiated rate agreement does not deviate in any material
respect from the Form of Service Agreement in the Tariff
for the applicable Rate Schedule.
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