Mojave Pipeline Company

Second Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 03/22/2010, Docket: RP10-330-000, Status: Effective

Original Sheet No. 275A Original Sheet No. 275A

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

35. CONTRACT EXTENSION AND RENEWAL (Continued)

 

35.6 If a Shipper's transportation service agreement does not

qualify for the right-of-first-refusal under this Section 35,

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

35.

 

35.7 Transporter and Shipper may mutually agree to include an

evergreen, renewal or rollover provision in the Service

Agreement that would allow the agreement to continue in effect

beyond its primary term with the mutual consent of the

parties. For purposes of this provision, if the parties elect

to extend the agreement, the right of first refusal

requirements of Section 35 of the General Terms and Conditions

and the posting requirements of Section 27.1 of the General

Terms and Conditions of this Tariff will only apply when the

Service Agreement reaches the end of such extension period.

If a Shipper has entered into a firm Service Agreement

utilizing off-system capacity contracted for pursuant to

Section 38 of the General Terms and Conditions, such Shipper

may not elect to extend the term of its Service Agreement

beyond the term of Transporter's agreement for such off-system

capacity.

 

35.8 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.