Guardian Pipeline, L.L.C.

Original Volume No. 1

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Effective Date: 08/01/2010, Docket: RP10-926-000, Status: Effective

Second Revised Sheet No. 197 Second Revised Sheet No. 197

Superseding: First Revised Sheet No. 197

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

23. RIGHT OF FIRST REFUSAL AND PREGRANTED ABANDONMENT (Continued)

 

(b) In the event Transporter does not receive any bids for

Shipper's capacity or any bids that are acceptable to

Transporter, Shipper shall have the right to retain

its firm capacity at the rate calculated under the

provisions governing under the expiring Service

Agreement, if such expiring Service Agreement was

negotiated pursuant to Section 26.2, or if not so

previously negotiated, then at the applicable maximum

rate applicable thereto, or any discounted rate or

negotiated rate agreed to by Transporter, for an

additional term as requested by Shipper, provided that

Transporter shall not be obligated to provide service

at less than the applicable maximum rate. If Shipper

refuses to renew its Service Agreement at the maximum

rate, absent an agreement by Transporter to discount,

said Service Agreement shall be subject to pregranted

abandonment on the effective date of termination.

 

(c) If Shipper does not elect to extend its Service

Agreement pursuant to the provisions contained therein

and in this Section 23, said Agreement shall terminate

and be subject to pregranted abandonment at the end of

the Primary Term set forth in Shipper's Service

Agreement.

 

23.7 Should either Rate Schedule OSS or Rate Schedule LBS be extended

beyond March 31, 2013, Rate Schedule OSS Shippers, Rate Schedule

LBS Shippers and Transporter shall have the same right of first

refusal and pregranted abandonment rights, obligations and

responsibilities set forth in this Section 23, as if each was

deemed to be a Shipper or Transporter at the expiration of a firm

Service Agreement.