Kinder Morgan Louisiana Pipeline LLC
Original Volume No. 1
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Effective Date: 03/01/2009, Docket: RP09-257-000, Status: Effective
Original Sheet No. 218 Original Sheet No. 218
GENERAL TERMS AND CONDITIONS
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and the existing Shipper. No discount or other special terms shall
apply to a rollover Agreement unless KMLP and the existing Shipper
mutually agree. If no agreement is reached prior to the end of the
three (3) week period following KMLP's notice to the existing Shipper,
the existing Shipper may, at that time, require that KMLP enter into
an Agreement to provide service at the applicable maximum rate for a
term specified by Shipper and running from the date the existing
Agreement expires. Unless the existing Shipper so elects at the end of
the three (3) week period following KMLP's notice to it, KMLP may
negotiate with any Shipper, with the Original Shipper having no
further rights under this Section 16 and service under the existing
Agreement shall be terminated and automatically abandoned at the
expiration thereof.
(g) If the existing Shipper is eligible to receive
continued service under this Section 16.2, KMLP shall tender a
rollover Agreement which conforms to the requirements of this Tariff
prior to the expiration of the existing Agreement. The existing
Shipper and KMLP shall execute such rollover Agreement, or any
modified Agreement upon which KMLP and Shipper may mutually agree
which is not inconsistent with this Tariff, within two (2) weeks. If
it fails to execute the rollover Agreement on a timely basis, the
existing Shipper shall (in addition to all other remedies available to
KMLP for such Shipper's failure to fulfill its obligation to execute
such Agreement) forfeit any right to continuation of service after the
expiration of the existing Agreement.
16.3 CONTRACTUAL ROLLOVERS
The term of service under any firm or interruptible
transportation Agreement may be extended pursuant to a rollover or
evergreen provision in such Agreement, which provision may supersede
any otherwise applicable rollover or Right of First Refusal pursuant
to this Section. In addition, the parties may subsequently negotiate
rollover or evergreen provisions which differ from this Section. KMLP
is not obligated to offer or agree to any such rollover or evergreen
provisions; provided, however, that to the extent it offers or agrees
to any such provision, it must do so on a non-discriminatory basis for
similarly situated Shippers. Without limitation of the foregoing,
rollover provision may include provisions under which the Shipper has
a unilateral right to extend the term of the Agreement by notice to
KMLP by a time specified and rights of first refusal in addition to
those specified in this Section 16.