Kinder Morgan Illinois Pipeline LLC
Original Volume No. 1
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Effective Date: 12/01/2007, Docket: RP08- 34-000, Status: Effective
Original Sheet No. 206 Original Sheet No. 206 : Effective
GENERAL TERMS AND CONDITIONS
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existing Agreement expires. Unless the existing Shipper so elects at
the end of the two (2) week period following KMIP's notice to it, KMIP
may negotiate with any Shipper, with the existing Shipper having no
further rights under this Section 16 and service under the existing
Agreement shall be terminated and automatically abandoned at the
expiration thereof.
(g) If the existing Shipper is eligible to receive
continued service under this Section 16.2, KMIP shall tender a
rollover Agreement which conforms to the requirements of this Tariff
prior to the expiration of the existing Agreement. The existing
Shipper and KMIP shall execute such rollover Agreement, or any
modified Agreement upon which KMIP and Shipper may mutually agree
which is not inconsistent with this Tariff, within two (2) weeks. If
the existing Shipper fails to execute the rollover Agreement on a
timely basis, the existing Shipper shall (in addition to all other
remedies available to KMIP for Shipper's failure to fulfill its
obligation to execute such Agreement) forfeit any right to
continuation of service after the expiration of the existing
Agreement.
16.3 CONTRACTUAL ROLLOVERS
The term of service under any firm or interruptible
transportation Agreement may be extended pursuant to a rollover or
evergreen provision in such Agreement, which provision supersedes any
otherwise applicable rollover or Right of First Refusal pursuant to
this Section. In addition, the parties may subsequently negotiate
rollover, right of first refusal or evergreen provisions which differ
from this Section. KMIP is not obligated to offer or agree to any such
provisions; provided, however, that to the extent it offers or agrees
to any such provision, it must do so on a non-discriminatory basis for
similarly situated Shippers.
16.4 VALID REQUEST CRITERIA
Unless waived by KMIP, the requirements for a valid
request under the applicable Rate Schedule (including the applicable
credit analysis) apply to any rollover Agreement.
16.5 FURTHER ROLLOVER
Any Agreement entered into pursuant to this Section 16
shall be evaluated on a stand-alone basis hereunder for purposes of
determining whether it, in turn, is eligible for the Right of First
Refusal under this Section.