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.