Wyckoff Gas Storage Company, LLC

Original Volume No. 1

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Effective Date: 12/31/9999, Docket: RP09- 444-000, Status: Accepted

Original Sheet No. 33 Original Sheet No. 33

 

(a) if delivered to Transporter:

 

Wyckoff Gas Storage Company, LLC

6733 South Yale

Tulsa, Oklahoma 74136

Attn: Bob Ray

Phone: (914)491-4234

Fax: (918) 491-4422

Email: bobray@kfoc.net

 

if delivered to Shipper:

 

Each party shall have the right to change the place to which

notice shall be sent or delivered by similar notice or like manner to

the other Party. The effective date of notice issued pursuant to this

Agreement shall be the earlier of the date of addressee’s receipt of

such notice or the third business day following the date on which the

same is mailed by registered or certified mail, postage prepaid.

 

SECTION 15. ARBITRATION

 

15.1 Resolution of Disputes. Any dispute arising between

Transporter and Shipper under the Service Agreement shall be resolved

by binding arbitration conducted by a single arbitrator upon which

Transporter and Shipper agree, or, if Transporter and Shipper cannot

agree on a single arbitrator, then by a board of three (3) arbitrators,

which arbitrator(s) shall be selected for each such controversy so

arising hereunder. Appointment of Arbitrators. In the event it is

necessary to proceed with a board of three (3) arbitrators to resolve

any controversy arising hereunder, either Transporter or Shipper may,

at the time such controversy arises, notify the other of a name of the

arbitrator such Party has selected, and the other Party shall, within

ten (10) Days thereafter, select another arbitrator and notify the

Party desiring arbitration of the name of such arbitrator. If such

other Party shall fail to name a second arbitrator within ten (10)

Days, then the Party who first served the notice of arbitration may, on

reasonable notice to the other Party, apply to the New York City office

of the American Arbitration Association for the appointment of such

second arbitrator for and on behalf of the other Party, and in such

case the arbitrator appointed by such association shall act as if named

by the other Party. The two (2) arbitrators so selected shall, within

ten (10) Days after the appointment of the second arbitrator, choose a

third arbitrator, and in the event of their failure to do so within

said ten (10) Days, either of the Parties hereto may in like manner, on

reasonable notice to the other Party, apply to the New York City office

of the American Arbitration Association for the appointment of a third

arbitrator and in such case the arbitrator appointed by such

association shall act as the third arbitrator. The arbitration

proceeding will be governed by the then-existing rules of the American

Arbitration Association.Conduct of Arbitrators. The arbitrator(s)

selected to act hereunder shall be qualified by education, experience,

and training to pass upon the particular controversy in dispute. The

arbitrator or board of arbitrators so constituted shall fix a

reasonable time and place for a hearing, at which time each of the

Parties hereto may submit such evidence as each Party may see fit with

respect to the controversy at issue. Such board shall determine the

matters submitted to it pursuant to the provisions of this Service

Agreement and render a decision thereon no later than sixty (60) Days

after such board (or single arbitrator, as the case may be) has been

appointed. The action of the sole arbitrator or of a majority of the

members of the board of arbitrators, as the case may be, shall govern

and their decisions in writing shall, except in the case of manifest

error or