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. 201 Original Sheet No. 201

 

GENERAL TERMS AND CONDITIONS

 

 

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

 

 

15.8 Capacity Release Transactions

 

In the event that, pursuant to Section 12.7 of these General

Terms and Conditions, an Existing Shipper's capacity is released

on a permanent basis to a Replacement Shipper and Transporter

has granted the request of Existing Shipper to be released of

any further obligations under its service agreement, the

Replacement Shipper shall succeed to any ROFR rights held by the

Existing Shipper with respect to such agreement. In all other

cases, a Releasing Shipper's ROFR shall not be affected by a

capacity release and the Replacement Shipper shall have no ROFR.

 

 

15.9 Extension of Service Agreements

 

Notwithstanding anything to the contrary in this Tariff,

Transporter may agree with any Shipper, on a not unduly

discriminatory basis, to the extension of the term of a service

agreement, applicable to Shipper's entire contract quantity or

quantitative portion thereof, to be negotiated on a case-by-case

basis. An agreement pursuant to this Section 15.9 shall not

constitute a material deviation from the applicable form of

service agreement.