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