Empire Pipeline, Inc.

Original Volume No. 1

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Effective Date: 12/10/2008, Docket: CP06-5-010, Status: Effective

Original Sheet No. 197 Original Sheet No. 197

GENERAL TERMS AND CONDITIONS

15. PREGRANTED ABANDONMENT AND RIGHT OF FIRST REFUSAL (Cont'd.)

15.2 Shipper's ROFR Notice

When Transporter provides a notice of termination of a

Qualifying Agreement, Shipper shall notify Transporter within

thirty (30) days thereof as to whether it wishes to avail itself

of the Right of First Refusal procedures set forth in this

Section 15 ("Shipper's ROFR Notice"). When Shipper provides a

notice of termination of a Qualifying Agreement, it shall

provide Shipper's ROFR Notice within such termination notice. A

Shipper that does not provide a Shipper's ROFR Notice indicating

that it wishes to avail itself of the Right of First Refusal

procedures set forth in this Section 15 as set forth herein

shall be deemed to have irrevocably waived its Right of First

Refusal.

15.3 Posting of Notices of Termination

Within thirty (30) days of Shipper's ROFR Notice, but no earlier

than six (6) months prior to the date by which notice of

termination must be provided under the agreement, Transporter

shall post on its Web Site the following information:

(a) Point(s) of Receipt and Point(s) of Delivery,

(b) the specific quantity available under the terminated

contract,

(c) the date of expiration,

(d) the current maximum rate applicable to the terminated

service.