Agency Agreement. Both will be signed by EEC and one will be returned to you.

Transcription

1 Elba Express Company, L.L.C. Agency Agreement Under Section 24.2 of the General Terms and Conditions of Elba Express Company s Tariff, a shipper can appoint an agent and request EEC to recognize such appointment. To submit a request, Shipper must complete and return the attached Agency Request Form to EEC. Note that if both Shipper and Agent sign, the Affidavit is not necessary and the completed form (pages 1 and 2) can be faxed to EEC at (205) A copy signed by EEC will be faxed back to you. In the event that the Agent does not sign, Shipper must submit the completed form as well as the notarized Affidavit. Two (2) originals must be mailed to: Elba Express Company, L.L.C. Commercial Department P.O. Box 2563 Birmingham, AL Both will be signed by EEC and one will be returned to you. Incomplete forms will not be accepted by EEC. The agency powers EEC recognizes are as follows: General Notices agent received notices about contracts, tariff filings, etc. Contracting agent can request service, execute contracts and amendments on your behalf. Capacity Release agent can release your firm transportation and/or storage capacity and bid on capacity release offers for you. You can elect to provide the authority to bid on transportation capacity only, storage capacity only, or both types of capacity. Nomination agent submits nominations for you, receives final scheduled quantities and phone calls about OFOs. Confirmation agent confirms or cuts the nominations at your operated delivery points. Billing agent receives your bill for transportation and storage services.

2 AGENCY REQUEST FORM To: Re: Elba Express Company, L.L.C. P. O. Box 2563 Birmingham, Alabama Appointment of Agent SHIPPER (Company Name): AGENT (Company Name): The Shipper set forth above hereby requests that Elba Express Company, L.L.C. (EEC) accept the Agent set forth above as Shipper s agent for the following functions under Shipper s agreements with EEC for storage or other services on EEC s pipeline system as provided by EEC under its FERC Gas Tariff (check all that apply). Functions to be performed by Agent for Shipper: Receive general notices Request and execute contracts Perform storage capacity release functions Nomination functions Confirmation functions Receipt and payment of invoices Date Accepted by EEC: (To be filled out by EEC Only) Shipper agrees that EEC is authorized to accept the actions of its Agent within the scope of its authority to the same extent as it would accept the actions of Shipper. Shipper also agrees to indemnify EEC and hold it harmless for any loss or damage occasioned by its Agent s actions or EEC s reliance thereon. Requested Effective Date of Agency Appointment: Requested Termination Date of Agency Appointment:, or if left blank, Shipper requests the appointment to stay in effect until either Shipper or the Agent gives EEC five (5) days prior notice in writing. Shipper agrees that an agency appointment to receive/pay invoices or to resolve imbalances must be in effect on a monthly basis.

3 The undersigned representative of SHIPPER agrees to, accepts and verifies the statements made in this request form. SHIPPER (Company Name): Fax number: Acceptance of Request by Elba Express Company, L.L.C. Acceptance of Appointment by AGENT: AGENT (Company Name): Fax number: Or: absent acceptance signature by Agent, Shipper may attach the following affidavit:

4 State of _ County/Parish of AFFIDAVIT [REPRESENTATIVE S NAME], being first duly sworn, on oath says that he/she is the [TITLE] for [SHIPPER NAME] ("Shipper"), that the agency appointment with [AGENT NAME] for the responsibilities set forth above on the Elba Express Company, L.L.C. interstate pipeline system has occurred, that an agency agreement has been duly executed by the parties and that the statements made by Shipper in the attached Agency Request Form are true and correct to the best of his/her knowledge. Sworn to and Subscribed before me this day of,. Notary Public My commission expires on: EEC PF02

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