Gulf South Pipeline Company L P
Sixth Revised Volume No. 1
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Effective Date: 04/01/2007, Docket: RP07-179-000, Status: Effective
Second Revised Sheet No. 4757 Second Revised Sheet No. 4757 : Effective
Superseding: First Revised Sheet No. 4757
4. This Agreement will be effective ______________, XXXX and will
continue in full force and effect through _______________, XXXX. [To the
extent a Contractual Right of First Refusal is agreed to the following
language shall apply: At the end of this Agreement, CompanyName shall be
granted a contractual right of first refusal to be exercised in accordance
with Section 30 of Gulf South's Tariff.] [To the extent an evergreen
provision is agreed to, the following language shall apply: Upon
______________ written notice, (Notice as agreed between the parties) this
Agreement shall continue until , XXXX. Customer shall specify in
such notice the path pairs and MDQ associated with the evergreen term
extension.
5. 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 CompanyName unless the maximum rate ultimately
established by the FERC for any service described herein is less than the rate
paid by CompanyName 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.
6. Except as otherwise provided in the FERC's regulations, this
Agreement may not be assigned without the express written consent of the other
party. 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.
7. 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.
8. 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.