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. 751 Original Sheet No. 751

 

GENERAL TERMS AND CONDITIONS

Section 10

(Continued)

 

(b) For service agreements with a ROFR, Gulf Crossing shall

provide written notice to the Customer at least 90 days

prior to the expiration of the existing service agreement

unless agreed to otherwise; provided however, that unless

Gulf Crossing and Customer otherwise mutually agree such

notice shall not be given earlier than (i) six (6) months

prior to expiration of a service agreement with a term

shorter than two (2) years or (ii) one (1) year prior to

expiration of a service agreement with a term of two (2)

years or greater. To exercise the ROFR, the Customer must

provide Gulf Crossing with written notice of its intent

within 10 business days after the date of Gulf Crossing's

notice ("ROFR Response"). For FTS Services, the ROFR

Response must specify a desired term of service, the

desired total MDQ, and the desired MDQ for each point pair.

A Customer may elect to exercise its ROFR on all or any

portion of its current capacity. The ROFR Response does

not commit a Customer to the term or quantity of capacity

specified in such response.

 

To the extent a Customer desires to increase its MDQ, the

Customer must submit, with its ROFR Response, a service

request, pursuant to Section 8 for any such additional MDQ.

Subject to capacity availability and posting / bidding

requirements, any additional MDQ awarded pursuant to such

request will be added to the new service agreement by

amendment contemporaneously with the execution of the new

service agreement.

 

After Gulf Crossing receives a Customer's ROFR Response,

the Customer may not submit any service request changes to

the existing service agreement subject to the ROFR process

of this Section or the new service agreement until Customer

is notified as provided in Section 10.2 (d)-(g) of the best

bid or that no bid was received or accepted. Following

such notification, Customer may request changes to the

existing service agreement and/or the new service agreement

pursuant to Section 8; provided however, a proposed

amendment to the new service agreement may be processed

prior to the service agreement effective date. Separate

service request forms are required to request changes to

each service agreement (existing and new).