Gulf South Pipeline Company L P

Sixth Revised Volume No. 1

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

Second Revised Sheet No. 4765 Second Revised Sheet No. 4765

Superseding: Substitute First Revised Sheet No. 4765

 

[Upon ____________ written notice prior to the end of the Initial Term of the Firm

Transportation Agreement, this Agreement shall continue as specified in such notice for an

additional term of _______________ at the applicable rates set forth on the Exhibit(s).]

 

[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 apply: 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. The rates set forth in this Agreement shall stay in effect for the term of this

Agreement without regard to any changes that may occur to Gulf South's maximum/minimum rates,

fuel charges, or surcharges other than ACA. 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 [CompanyName] 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: ________________________