Gulf South Pipeline Company L P

Sixth Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 05/14/2010, Docket: RP10-601-000, Status: Effective

Third Revised Sheet No. 4751 Third Revised Sheet No. 4751

Superseding: Substitute Second Revised Sheet No. 4751

 

3. This Agreement shall be effective beginning ______________ [insert commencement date,

which may be drafted to take into consideration the uncertainties of construction] and shall

continue in full force and effect __________ [insert "through" or "for a primary term

of"]_______________ [insert end date of Agreement or length of primary term].

[To the extent a Contractual Right of First Refusal is agreed to, the following language

shall be inserted, as well as any specific terms and conditions related to the contractual right

of first refusal that are permitted by Section 30.2 of the General Terms and Conditions of the

Tariff: At the end of this Agreement, Customer shall be granted a contractual right of first

refusal to be exercised in accordance with Gulf South's Tariff.]

[To the extent an evergreen provision is agreed to, the parties shall mutually agree upon

a notice period, and the following language shall be inserted: Upon ______________ written

notice, this Agreement shall continue __________ [insert "through" or "for a term

of"]_______________ [insert end date of evergreen or length of evergreen term]. Customer shall

specify in such notice the receipt and delivery point(s) and MDQ associated with the evergreen

term extension.]

 

4. All rates and services described in this Agreement are subject to the terms and

conditions of Gulf South's Tariff. Gulf South shall have no obligation to make refunds to

Customer unless the maximum rate ultimately established by the FERC for any service described

herein is less than the rate paid by Customer under this Agreement. Gulf South shall have the

unilateral right to file with the appropriate regulatory authority and make changes effective in

the filed rates, charges, and services in Gulf South's Tariff, including both the level and design

of such rates, charges, and services and the general terms and conditions therein.

 

5. Except as otherwise provided in the FERC's regulations, this Agreement may not be

assigned without the express written consent of the other party. Any assignment shall be in

accordance with the Tariff and FERC regulations. Such consent shall not be unreasonably withheld.

Any assignment made in contravention of this paragraph shall be void at the option of the other

party. If such consent is given, this Agreement shall be binding upon and inure to the benefit of

the parties and their successors and assigns.

 

6. In the event any provision of this Agreement is held to be invalid, illegal, or

unenforceable by any court, regulatory agency, or tribunal of competent jurisdiction, the

validity, legality, and enforceability of the remaining provisions, terms, or conditions shall not

in any way be affected or impaired thereby, and the term, condition, or provision which is held

illegal or invalid shall be deemed modified to conform to such rule of law, but only for the

period of time such order, rule, regulation, or law is in effect.

 

7. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF

TEXAS, EXCLUDING ANY PROVISION WHICH WOULD DIRECT THE APPLICATION OF THE LAWS OF ANOTHER

JURISDICTION.

 

[If this Agreement supersedes a previous agreement, the following may be inserted here:

8. This Agreement supersedes and replaces in its entirety that certain ____________________

[insert type of agreement] by and between _______________ and ____________________, dated

___________________ (Contract/Agreement No: _______________).]

 

If Customer agrees with the terms and conditions, please so indicate by signing the

duplicate originals in the appropriate spaces provided below and returning the originals to Gulf

South.

 

Very truly yours,

 

GULF SOUTH PIPELINE COMPANY, LP

By: GS Pipeline Company, LLC

Its General Partner

 

By:______________________________

Name:____________________________

Title:___________________________

Date:____________________________

 

ACCEPTED AND AGREED TO this ___ day of _________, XXXX.

[CUSTOMERNAME]

By:______________________________

Name:____________________________

Title:___________________________