Destin Pipeline Company, L.L.C.
Original Volume No. 1
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Effective Date: 09/01/1998, Docket: GT00- 3-001, Status: Effective
Original Sheet No. 202 Original Sheet No. 202 : Effective
FORM OF SERVICE AGREEMENT
UNDER RATE SCHEDULE FT-2
related to periods prior to the assignment which become due before
or after such date). In the event such assignment is to an affiliate
of Shipper, the provisions of this Section 8.4 (iii) shall apply and
not the provisions of Section 8.4 (i) or (ii).
Subject to the provisions of Section 18 of the General Terms and Conditions
applicable hereto, and except as provided in Sections 8.4(i) and 8.4 (iii)
hereof, no assignment of this Agreement or any of the rights or obligations
hereunder shall be made unless there first shall have been obtained the
written consent thereto of Shipper in the event of an assignment by Company,
or the written consent thereto of Company in the event of an assignment by
Shipper, such consent not to be unreasonably withheld.
The restrictions on assignment contained in this Section 8.4 (i) do not apply
to assignments of leases and (ii) shall not in any way prevent either party
to this Agreement from pledging or mortgaging its rights hereunder as
security for its indebtedness.
For purposes of this Agreement, an "affiliate" means, with respect to any
relevant entity, any other entity that directly or indirectly controls, is
controlled by, or is under common control with, such relevant entity in
question. As used herein, the term "control" (including its derivatives and
similar terms) means owning or holding, directly or indirectly, the power (i)
to vote 10% or more of the Voting Stock of any such relevant entity or (ii)
to direct or cause the direction of the management and policies of any such
relevant entity. "Voting Stock" means capital stock issued by a corporation,
or equivalent interests in any other entity, the holders of which are
ordinarily, in the absence of contingencies, entitled to vote for the
election of directors (or entity with management authority performing similar
functions) of such entity.