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.