Inability to Collect Negotiated Rates. If this Exhibit B covers a Negotiated Rate transaction, and MRT is unable to collect Negotiated Rates due to a change in Commission policy or rejection of the transaction by the Commission prior to or during the term of such transaction, then, unless the parties agree otherwise, Customer shall pay the maximum tariff rate for the services. In such event, MRT shall notify Customer in writing of the requirement to pay maximum tariff rates and, if the maximum tariff rates are greater than the Negotiated Rates under such transaction, Customer shall have no more than thirty (30) days from the date of such notification to give notice in writing of termination of the applicable Agreement, with such termination to be effective no later than the end of the month following the month in which such termination notice is received.
Inability to Collect Negotiated Rates. If this Agreement covers a Negotiated Rate transaction, and Transporter is unable to collect Negotiated Rates due to a change in Commission policy or rejection of the transaction by the Commission prior to or during the term of such transaction, then, unless the parties agree otherwise, Shipper shall pay the maximum Tariff rate for the services. In such event, Transporter shall notify Shipper in writing of the requirement to pay maximum Tariff rates and, if the maximum Tariff rates are greater than the Negotiated Rates under such transaction, Shipper shall have no more than thirty (30) days from the date of such notification to give notice in writing of termination of the applicable Agreement, with such termination to be effective no earlier than the end of the Month following the Month in which such termination notice is received.
Inability to Collect Negotiated Rates. If a Transaction Sheet covers a Negotiated Rate transaction, and Transporter is unable to collect Negotiated Rates for any reason during the term of such Transaction Sheet, then Transporter may elect, as applicable (i) to continue to determine Shipper’s rate using the formula stated on the Transaction Sheet, subject to a cap of the maximum Tariff rate; (ii) to continue to determine Shipper’s rate using the formula stated on the Transaction Sheet, subject to a cap of the maximum Tariff rate; provided, however, if, in any Month, the foregoing calculation results in an amount that exceeds the maximum Tariff rate, then (A) Transporter shall establish an account to track the cumulative total of such excess amounts (hereafter the “Deferred Amounts”), and (B) the monthly rate (including rates for months previously invoiced or paid) to be paid by Shipper may be adjusted upward (but no greater than the applicable maximum for the Service Month invoices being adjusted), including by means of retroactive billing adjustments, to the extent required to permit Transporter to collect any outstanding Deferred Amounts and to minimize Transporter’s loss of time-value caused by the deferred collection of such funds; or (iii) to require Shipper to pay the maximum Tariff rate for the services. Transporter may change such election at any time during the term of the applicable Rate Agreement. If Transporter elects as described in (iii) above, Transporter shall notify Shipper in writing of the requirement to pay maximum Tariff rates, and, if the maximum Tariff rates are greater than the Negotiated Rates under such transaction, Shipper shall have no more than thirty (30) days from the date of such notification to give notice in writing of termination of the applicable Rate Agreement and Agreement, with such terminations to be effective no earlier than the end of the Month following the Month in which such termination notice is received.
