North Baja Pipeline, LLC
Original Volume No. 1
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Effective Date: 08/12/2002, Docket: RP02-363-000, Status: Effective
Original Sheet No. 194 Original Sheet No. 194 : Effective
GENERAL TERMS AND CONDITIONS OF SERVICE
(Continued)
29. ARBITRATION
Any arbitration provided for or agreed to by Shipper and NBP shall be
conducted in accordance with the following procedures and principles:
The arbitration shall be held under the auspices of the Arbitration
Regulations of the International Arbitration Court of the International
Chamber of Commerce. Any arbitration shall be conducted in the English
language and shall occur in San Diego, California. The decision by the
arbitrators on the questions submitted shall be in writing and become
part of the agreement between the parties. No arbitration panel shall
maintain continuing jurisdiction over the parties or the agreement after
the decision has been rendered. Upon the written demand of either NBP
or Shipper and within ten (10) days from the date of such demand, each
entity shall appoint an arbitrator and the two arbitrators so appointed
shall promptly thereafter appoint a third. Unless otherwise determined
by the arbitrators, the fees and expenses of the arbitrator named for
each party shall be paid by that party and the fees and expenses of the
third arbitrator shall be paid in equal proportion by both NBP and
Shipper.
30. GOVERNMENTAL REGULATIONS
These General Terms and Conditions of Service, the rate schedules to
which they apply, and any executed Transportation Service Agreement are
subject to valid laws, orders, rules and regulations of duly constituted
authorities having jurisdiction.
31. WAIVER OF DEFAULT
No waiver by either NBP or Shipper of any default by the other in the
performance of any provisions of an executed Transportation Service
Agreement shall operate as a waiver of any continuing or future default,
whether of a like or different character.
(Continued)