Shipper’s Obligations. Shipper shall, subject to the terms of this Precedent Agreement:
a. Within 30 days of tender by Transporter, execute and deliver to Transporter a TSA, and to the extent applicable, a FRGS Agreement, for each of the Expansion Firm Services selected by Shipper in this Precedent Agreement;
b. Commencing on the actual in-service date of the Expansion Firm Services, pay Transporter the applicable tolls set forth in Appendix A (subject to NEB approval) for the Expansion Firm Services during the applicable term of the TSA for each of the Expansion Firm Services and such other charges and surcharges as may from time to time apply to the Expansion Firm Services, and provide fuel in-kind subject to the system receipt and delivery fuel requirements, all in accordance with Transporter’s Tariff.
c. Support and cooperate with, and not oppose, obstruct or otherwise interfere with, the efforts of Transporter to make all necessary notifications, tariff filings, applications or certificate filings and to obtain all governmental and regulatory authorizations and/or exemptions necessary for Transporter to construct, own and operate and maintain the facilities required for and to provide the Expansion Firm Services at the tolls set out in this Precedent Agreement and to perform its obligations contemplated in this Precedent Agreement, and, upon request by Transporter, will express its support in the manner specified by Transporter, which may include, without limitation, support in the form of a written submission, or support in the form of an in- person submission or appearance at a hearing, for any such notifications, tariff filings, applications or certificate filings, authorizations and/or exemptions;
d. Possess, provide, and maintain such credit as is required by Transporter to satisfy Shipper’s financial and contractual obligations under this Precedent Agreement and under every TSA executed pursuant to this Precedent Agreement; and
e. Execute and deliver such documents and do such acts as may be reasonably requested by Transporter to effectuate the terms of this Precedent Agreement, and agree to provide any information that is reasonably requested by Transporter in preparing, submitting, and conducting applications to any regulatory or governmental body in connection with the approval and authorization of the tolls and terms and conditions of the Expansion Firm Services.
Shipper’s Obligations. (a) The Shipper shall:
(i) arrive at the Ramp on the access day detailed in item 6 between the hours of 0800 hours – 1000 hours ready in all respects to commence unloading and loading of cargo;
(ii) ensure all containers for loading and unloading are not heavier than 12 tonne;
(iii) provide Sea Swift with a full manifest of cargo volumes to be handled 48 hours prior to arrival at the Ramp;
(iv) provide Sea Swift with a manifest of cargo to be loaded and unloaded clearly detailing dangerous goods consignments;
(v) immediately after arrival complete a Declaration of Security;
(vi) upon completion of all stevedoring operations or on the instructions of Sea Swift immediately depart the Ramp, unless otherwise agreed; and
(vii) ensure all cargo unloaded are picked up by Shipper or the Shipper's nominated transport provider on the day of unloading.
(b) Any cargo not collected on the day of unloading may be repositioned by Sea Swift at the Shipper's cost to Sea Xxxxx's nominated holding yard, where storage fees will apply.
Shipper’s Obligations a. Shipper shall execute, within thirty (30) days of tender by Transporter, a TA for each of the New Services selected by Shipper in Appendix A to this Precedent Agreement. The terms of each such TA will reflect Shipper’s New Services terms specified in this Precedent Agreement including Appendix A hereto, and such other terms and conditions as are codified in Transporter’s transportation tariff approved by the NEB for the New Services.
(i) Shipper or its Guarantor shall possess and maintain such credit as is required by Transporter to satisfy Shipper's financial and contractual obligations under this Precedent Agreement and under every TA executed pursuant to this Precedent Agreement. Transporter shall determine, using financial data supplied by Shipper, whether Shipper or its Guarantor possesses sufficient credit. If Shipper or its Guarantor has a long-term, senior unsecured, non-credit enhanced and non-implied debt rating assigned by any one of the following applicable credit rating agencies: (a) DBRS rating of at least BBB; (b) Xxxxx’x rating of at least Baa3; or (c) S&P rating of at least BBB-, Shipper will be considered as possessing the required credit.
Shipper’s Obligations. (Intermodal Shipments) (See railroad website for applicable service directory)
Shipper’s Obligations. Shipper will tender the Scheduled Quantity at the Receipt Point(s), and accept such Gas, less the Retention Volume, at the Delivery Point(s). Shipper’s obligations set forth in the preceding sentence are subject to: (i) an event of Force Majeure; (ii) Transporter’s failure or refusal to receive Gas from or deliver Gas to Shipper as required under this Statement of Operating Conditions; (iii) any laws, rules, orders, or requirements of any governmental or regulatory authorities that limit, prevent, or interfere with Shipper’s performance; and (iv) as otherwise provided under any other terms and conditions in this Statement of Operating Conditions, the applicable Service Agreement, its applicable Confirmation and any applicable Agency Agreement.
Shipper’s Obligations. The Shipper shall undertake to subscribe the transmission capacities required and to nominate the Daily Send-Out scheduled by the Operator to the Transmission System Operator in accordance with the provisions of Article 23.
Shipper’s Obligations. (TRUCKLOAD SHIPMENTS)
Shipper’s Obligations. (a) On a Day, the Shipper must supply Gas at a Receipt Point at a pressure sufficient to ensure that the Gas enters the Pipeline and at a pressure between the minimum and maximum pressures set out in the relevant Annexure.
(b) The parties acknowledge that the Transporter is under no obligation to install compression or other facilities to change the receipt pressure of Shipper’s Gas at any Receipt Point should the Shipper not comply with clause 12.2(a).
Shipper’s Obligations. (TRUCKLOAD SHIPMENTS)
a. Loading Unless SHIPPER has requested in writing and 2 Streams Brokerage agrees in writing to arrange for the Motor Carrier to provide loading services before dispatch, SHIPPER will be responsible for ensuring that cargo is properly and safely loaded, supported, blocked, braced and secured. Furthermore, SHIPPER will be responsible for expenses and cargo loss and damage arising out of any load shift that occurs during transportation due to improper or insufficient loading, blocking and bracing.
b. SHIPPER must provide all information and instructions that are reasonably necessary for 2 Streams Brokerage to effectively arrange for the performance of the transportation and related services requested by SHIPPER in accordance with any applicable laws, rules, regulations or conventions. SHIPPER will provide detailed and accurate descriptions of any Goods tendered for transportation and their accurate weights. SHIPPER is responsible to be aware of and comply with applicable customs and import, export and transportation laws, rules, practices and regulations of the governmental authorities of the countries involved in a shipment; to complete and provide all required documentation; and to apply and pay for all licenses, permits or authorities required by governmental authorities to conduct the business and transportation contemplated by SHIPPER.
c. In no event will SHIPPER tender any Goods that will or would reasonably be expected to contaminate, taint, corrode, or otherwise adversely impact the quality or condition of other Goods being transported, or the Trailer used in transporting the Goods.
d. Shipper warrants that it is either the owner or the authorized agent of the owner of the Goods tendered for Services and that it has the authority to, and does, accept these Conditions for itself and where applicable, as agent for and on behalf of the owner. The SHIPPER further warrants further binding to and any other person involved in the transportation, including but not limited to any consignor or consignee, logistics providers, freight forwarders, or insurers.
e. Except to the extent that the 2 Streams Brokerage has accepted instructions and explicitly accepted responsibility with respect to the preparation, packing, stowage, labeling or marking of the Goods, SHIPPER warrants that (1) all Goods have been properly and sufficiently prepared, packed, stowed, are fully and accurately described, labeled and/or marked, and that the preparation, pa...
Shipper’s Obligations. (a) Shipper shall execute and deliver the Credit Agreement in the form attached as Exhibit 2 within thirty (30) days of the execution of this Precedent Agreement. If Shipper does not satisfy Transporter’s creditworthiness requirements within such thirty (30) day period, Transporter may terminate this Agreement in accordance with section 4(c). Shipper shall continue to meet Transporter’s creditworthiness requirements during the term of this Agreement.
(b) Upon the Service Commencement Date, Shipper agrees to pay the charges set forth in Section 2 above pursuant to the Service Agreement.
(c) Shipper agrees to cooperate with Transporter as may be reasonably requested by Transporter in the preparation and filing of Transporter’s applications for authorizations and to support such applications of Transporter provided that such Transporter applications are not inconsistent with this Agreement.
(d) Shipper agrees to apply for, and will seek with due diligence to obtain, any regulatory authorizations it deems necessary for it to utilize the Project.
