Gulf South Pipeline Company L P

Sixth Revised Volume No. 1

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Effective Date: 12/31/2000, Docket: GT01- 6-000, Status: Effective

Original Sheet No. 4701 Original Sheet No. 4701 : Effective

 

STANDARD TERMS & CONDITIONS

 

 

1. CONDITIONS OF SERVICE: Services provided hereunder are subject to and governed by the

applicable rate schedule and the General Terms and Conditions of SELLER's current tariff,

as may be revised from time to time, or any effective superseding tariff (Tariff) on file

with the Federal Energy Regulatory Commission (FERC). The Tariff is incorporated by

reference. In the event of any conflict between this Agreement and the Tariff, the

Tariff shall govern as to the conflict. SELLER shall have the right to interrupt service

under this Agreement to the extent permitted by the Tariff.

 

2. TRANSPORTATION: SELLER shall deliver gas to the designated receipt point(s), at which

point(s) SELLER's obligations shall end. BUYER shall arrange and pay for transportation

subsequent to the designated receipt point(s).

 

3. QUANTITY: Should BUYER desire a change in the Contract MDQ, BUYER shall notify SELLER in

writing of the amount of the increase or decrease and of the date BUYER desires the

change to become effective. If SELLER advises it is not agreeable to the changed

quantities of gas requested in BUYER's notice, the Contract MDQ shall remain unchanged.

The SELLER shall review BUYER's request within thirty (30) days subject to the Tariff.

Nothing herein shall require SELLER to install equipment or facilities.

 

4. QUALITY: The gas provided shall be merchantable and of a quality sufficient to meet the

standards in the Tariff.

 

5. TITLE: Title to gas shall automatically pass from SELLER to BUYER upon delivery of gas

at the designated receipt point(s), and SELLER warrants clear title to all gas sold and

delivered to BUYER pursuant to this Agreement. SELLER will pay or cause to be paid all

applicable royalties, taxes and other sums due on production and transportation of the

gas until the gas is provided at the designated receipt point(s). BUYER shall bear the

full risk and expense of any transportation of the gas from the designated Receipt

Point(s). In addition, BUYER understands that the gas sold and provided hereunder may or

may not be odorized, and BUYER assumes full responsibility and liability for any required

or prudent odorization of the gas.

 

6. TERM: This Agreement shall become effective as of 9:00 A.M. on the beginning primary

term tate and continue as stated on the face hereof.

 

7. PAYMENTS: Payment shall be made in compliance with the Tariff. Payments by check shall

be made to the remittance address indicated on SELLER's invoice. Payment by wire

transfer shall be to a bank account designated by SELLER.

 

8. WAIVER: No waiver by either party of any one or more defaults by the other in the

performance of any provisions of this Agreement shall operate or be construed as a waiver

of any future default(s), whether of a like or different character.

 

9. APPLICABLE LAW: THE VALIDITY, CONSTRUCTION, INTERPRETATION AND EFFECT OF THIS AGREEMENT

SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, THE PARTIES AGREE THAT TEXAS'

CHOICE OF LAW RULES MAY NOT BE USED TO DIRECT OR DETERMINE THAT SOME OTHER STATES' LAW

SHALL GOVERN A DISPUTE ARISING UNDER THIS AGREEMENT.

 

10. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon and inure to the benefit of

the respective heirs, representatives, successors and assigns of the parties hereto.

Except as provided in the General Terms and Conditions of the Tariff, neither party may

assign, pledge or otherwise transfer or convey its rights, obligations or interests

hereunder for any purpose without the prior written consent of the other party, which

consent shall not unreasonably be withheld. Any assignment, pledge, transfer or

conveyance in breach of this provision is voidable by the non-breaching party.

 

11. REGULATION: This Contract and the matters contemplated hereunder are subject to all

present or future laws, ordinances, rules and regulations of any governmental or other

authority having or asserting jurisdiction in the premises; but nothing contained herein

shall be construed as a waiver of any right to question or contest any such law,

ordinance, order, rule or regulation in any forum.