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. 228 Third Revised Sheet No. 228
Superseding: Substitute Second Revised Sheet No. 228
7.8 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 single proceeding of all disputes
that arise from the same factual situation, and the parties further
expressly agree that any issue of arbitrability or the existence,
validity, and scope of the agreement to arbitrate shall be decided by
the arbitrators. The parties further agree that either party may apply
to a court of competent jurisdiction, pending arbitration, for
injunctive relief to preserve the status quo, to preserve assets, or to
protect documents from loss or destruction, and such application will
not be deemed inconsistent with or operate as a waiver of the party's
right to arbitration. The arbitrators shall apply as the substantive
law to the dispute the laws of the State of Michigan, as specified in
section 7.1 of this Agreement.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement
in one or more counterparts, which counterparts shall constitute one
integrated agreement, by their duly authorized officers effective as of the
day first above written.
VECTOR PIPELINE L.P. by Vector
Pipeline, LLC as General
Partner
____________________________________
(TRANSPORTER) (BALANCING PROVIDER)
By:_________________________________ By:_________________________________
Title:______________________________ Title:______________________________
Date:_______________________________ Date:_______________________________