Mojave Pipeline Company

Second Revised Volume No. 1

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Effective Date: 06/03/2010, Docket: RP10-706-000, Status: Effective

Third Revised Sheet No. 219A Third Revised Sheet No. 219A

Superseding: Second Revised Sheet No. 219A

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

4. Requests for Service (Continued)

 

(f) If a Shipper's transportation service agreement does not

qualify for the right-of-first-refusal under this Section

4.15 Mojave and any such Shipper may mutually agree to

include a right-of-first-refusal clause in their agreement.

To the extent Mojave agrees to any such provision, it will do

so on a not unduly discriminatory basis. The contractual

right-of-first-refusal clause would allow the Shipper to

exercise a right-of-first-refusal using the procedures of

this Section 4.15.

 

4.16 Extension of Executed TSAs

 

(a) Transporter and Shipper may mutually agree to the early

termination of one or more Agreements in exchange for

Shipper's extension of the use of all or part of the

underlying capacity under new terms. To the extent that

Transporter and Shipper have mutually agreed to this

arrangement, Shipper need not participate in an open season

for the extension nor must the underlying capacity be posted

on Transporter's EBB as unsubscribed, available capacity prior

to the extension.

 

(b) Prior to the expiration of the term of an Agreement,

Transporter and Shipper may mutually agree to an extension of

the term of the Agreement with respect to all or part of the

underlying capacity (the exact terms of which are to be

negotiated on a case-by-case basis in a not unduly

discriminatory manner). If an Agreement has a regulatory

right-of-first-refusal, the agreement to extend must be

reached prior to the receipt of an acceptable bid submitted

pursuant to Section 4.15 of these General Terms and

Conditions.

 

(c) When an agreement is subject to a regulatory right of first

refusal, or contains a contractual right of first refusal, or

a rollover clause, extension rights apply to each increment of

capacity that expires in increments (i.e., on a step-down

basis) during the term of the agreement.

 

4.17 Creditworthiness Requirement. A Shipper wishing to obtain service

must first comply with the creditworthiness requirements of Section

4.17(a).