Gulf Crossing Pipeline Company LLC

Original Volume No. 1

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Effective Date: 12/20/2008, Docket: RP09-61-000, Status: Effective

Original Sheet No. 750 Original Sheet No. 750

 

GENERAL TERMS AND CONDITIONS

Section 10

 

 

10. RIGHT OF FIRST REFUSAL

 

10.1 General

 

Service performed by Gulf Crossing for the Customer shall expire

and shall be automatically abandoned upon the expiration of the

service agreement's term under: (i) any firm transportation

agreement except as provided hereunder, and (ii) any

interruptible transportation agreement regardless of term.

Service under any firm transportation agreement with a term of 12

consecutive months of service or greater shall be automatically

abandoned upon the expiration of the service agreement's term

unless service is continued pursuant to Section 10.2.

 

10.2 Right of First Refusal for Firm Transportation Service

 

(a) Applicability: Existing FTS service agreements with (i) a

negotiated contractual ROFR, which shall be negotiated in a

non-discriminatory manner, or (ii) a term of at least 12

consecutive months of service where the Customer is paying

the maximum applicable rate shall have the right to

continue receiving service after the expiration of the

service agreement if, pursuant to this Section, it matches

the price and term offered for such service by any other

bidder. However, Gulf Crossing shall not be required to

provide service at a discount from its applicable maximum

rate unless it agrees to such a discount. As part of a

contractual ROFR, Gulf Crossing and the Customer may agree,

at the time the initial service agreement is signed, upon

the MDQ and rate that will be subject to the requirements

of this Section. ROFR rights may be assigned as a

condition of a permanent capacity release.