Vector Pipeline L.P.
Original Volume No. 1
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Effective Date: 06/01/2010, Docket: RP10-678-000, Status: Effective
Third Revised Sheet No. 223 Third Revised Sheet No. 223
Superseding: Substitute Second Revised Sheet No. 223
7.5 A waiver by either party of any one or more defaults by the other
hereunder shall not operate as a waiver of any future default or
defaults, whether of a like or of a different character.
7.6 Each party to this TTS Agreement bears responsibility for all of its own
breaches, tortious acts, or tortious omissions connected in any way with
the TTS Agreement causing damages or injuries of any kind to the other
party or to any third party, unless otherwise expressly agreed in
writing between the parties. The offending party as a result of such
offense shall hold harmless and indemnify the non-offending party
against any claim, liability, loss or damage whatsoever suffered by the
non-offending party or by any third party, including without limitation
actual damages, litigation expenses, court costs, and attorneys' fees;
and the phrase "tortious acts or tortious omissions" shall include
without limitation sole or concurrent simple negligence, gross
negligence, recklessness, and intentional acts or omissions. This TTS
Agreement does not contemplate any third party beneficiaries.
7.7 Nothing in this Agreement shall be deemed to create any rights or
obligations between the parties hereto after the expiration of the term
set forth herein, except that termination of this Agreement shall not
relieve either party of the obligation to correct any quantity
imbalances or Shipper of the obligation.
7.8 Exhibit A attached hereto is incorporated herein by reference and made a
part hereof for all purposes.
7.9 The parties hereby agree, subject to the primary jurisdiction of the
Commission, that any dispute arising out of or relating to this
Agreement, or any breach thereof shall be submitted to final and binding
arbitration in Detroit, Michigan, in accordance with the Rules of
Commercial Arbitration of the American Arbitration Association (AAA)
then in effect. The dispute shall be decided by a panel of three
neutral arbitrators, qualified by education, training, and experience to
hear the dispute, chosen as follows. The party initiating the
arbitration proceeding shall name one arbitrator at the time it notifies
the other party of its intention to arbitrate their dispute, and the
responding party shall name an arbitrator within fifteen (15) days of
receiving the above notification. Within twenty (20) days of the
appointment of the second arbitrator, the two arbitrators shall select a
third arbitrator to act as chairman of the tribunal. If either party
fails to appoint an arbitrator within the allotted time or the two
party-appointed, neutral arbitrators fail to appoint a third arbitrator
as provided above, the AAA shall appoint the arbitrator(s). Any
vacancies will be filled in accordance with the above procedure. The
parties expressly agree to the consolidation of separate arbitral
proceedings for the resolution in a