Vector Pipeline L.P.
Original Volume No. 1
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Effective Date: 12/01/2003, Docket: RP03-489-001, Status: Effective
Substitute Original Sheet No. 232A Substitute Original Sheet No. 232A : Effective
6.4 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.
6.5 This Agreement may only be amended by an instrument in writing
executed by both parties hereto.
6.6 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 to pay any
amounts due hereunder to Transporter.
6.7 The Confirmation Letter attached hereto is incorporated herein by
reference and made a part hereof for all purposes.
6.8 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.