Gulf Crossing Pipeline Company LLC

Original Volume No. 1

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Effective Date: 12/01/2009, Docket: RP09-552-001, Status: Effective

Substitute First Revised Sheet No. 1405 Substitute First Revised Sheet No. 1405

Superseding: Original Sheet No. 1405

 

3. This Agreement will be effective ______________ [insert commencement date, which may

be drafted to take into consideration the uncertainties of construction] and will continue in full

force and effect _______________ [insert "through" or "for a primary term of"] _______________

[insert end date of Agreement or length of primary term].

 

[Upon ____________ written notice prior to the end of the Initial Term of the Firm

Transportation Agreement, this Agreement shall continue as specified in such notice for an

additional term of _______________ at the applicable rates set forth on the Exhibit(s).]

[To the extent a Contractual Right-of-First Refusal is agreed to, the following language

shall be inserted, as well as any specific terms and conditions related to the contractual right

of first refusal that are permitted by Section 10 of the General Terms and Conditions of the

Tariff: At the end of this Agreement, Customer shall be granted a contractual right-of-first

refusal to be exercised in accordance with GULF CROSSING's Tariff.]

[To the extent a evergreen provision is agreed to, the parties shall mutually agree upon a

notice period, and the following language shall be inserted: Upon written notice, this

Agreement shall continue _____________ [insert "through" or "for a term of"] _______________

[insert end date of evergreen or length of evergreen term]. Customer shall specify in such notice

the path pairs and MDQ associated with the evergreen term extension.]

 

4. All rates and services described in this Agreement are subject to the terms and

conditions of GULF CROSSING's Tariff. GULF CROSSING shall have no obligation to make refunds to

Customer unless the maximum rate ultimately established by the FERC for any service described

herein is less than the rate paid by Customer under this Agreement. GULF CROSSING shall have the

unilateral right to file with the appropriate regulatory authority and make changes effective in

the filed rates, charges, and services in GULF CROSSING's Tariff, including both the level and

design of such rates, charges and services and the general terms and conditions therein.

 

5. Except as otherwise provided in the FERC's regulations, this Agreement may not be

assigned without the express written consent of the other party. Any assignment shall be in

accordance with the Tariff and FERC regulations. Such consent shall not be unreasonably withheld.

Any assignment made in contravention of this paragraph shall be void at the option of the other

party. If such consent is given, this Agreement shall be binding upon and inure to the benefit of

the parties and their successors and assigns.

 

6. In the event any provision of this Agreement is held to be invalid, illegal or

unenforceable by any court, regulatory agency, or tribunal of competent jurisdiction, the

validity, legality, and enforceability of the remaining provisions, terms or conditions shall not

in any way be affected or impaired thereby, and the term, condition, or provision which is held

illegal or invalid shall be deemed modified to conform to such rule of law, but only for the

period of time such order, rule, regulation, or law is in effect.

 

7. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF

TEXAS, EXCLUDING ANY PROVISION WHICH WOULD DIRECT THE APPLICATION OF THE LAWS OF ANOTHER

JURISDICTION.

[If this Agreement supersedes a previous agreement, the following may be inserted here:

 

8. This Agreement supersedes and replaces in its entirety that certain ________ [insert

type of agreement] by and between ______ and ________, dated _______ (Contract/Agreement No:

________).]

 

 

If Customer agrees with the terms and conditions, please so indicate by signing the

duplicate originals in the appropriate spaces provided below and returning the originals to GULF

CROSSING.

 

Very Truly Yours,

 

GULF CROSSING PIPELINE COMPANY LLC

By:

Name:

Title:

Date:

ACCEPTED AND AGREED TO this ______Day of __________, XXXX.

[CUSTOMERNAME]

By:

Name:

Title: