Empire Pipeline, Inc.

Original Volume No. 1

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Effective Date: 04/21/2010, Docket: RP10-505-000, Status: Effective

First Revised Sheet No. 220 First Revised Sheet No. 220

Superseding: Original Sheet No. 220

 

GENERAL TERMS AND CONDITIONS

 

 

24. COMBINATION AND MUTUAL TERMINATION OF AGREEMENTS

 

 

24.1 Combination of Service Agreements

 

Transporter and Shipper may mutually agree on a not unduly

discriminatory basis to (i) different termination dates for

specified quantities within the same service agreement and/or

(ii) combine service agreements under the same rate schedule

into a single service agreement with different termination dates

for specified quantitative portions of Shipper's maximum

quantity. Transporter and Shipper may mutually agree to combine

service agreements only to the extent that each individual

service agreement's rates, terms, and conditions can be

distinctly maintained and will not be altered by the

combination. For each service agreement executed in accordance

with this Section 24, each of the varying termination dates and

associated quantities will be set forth on a separate Exhibit A

thereto. Each component with a different termination date for a

specified quantitative portion of Shipper's maximum quantity

within the same service agreement and reflected in a separate

Exhibit A will be regarded as a single service agreement for

purposes of Shipper's exercise of any Right of First Refusal

under the provisions of Section 15 of these General Terms and

Conditions. In the event of a constraint or other occurrence

that precludes combined nominations or allocations, Transporter

may advise shippers under such combined service agreements that

capacity must be nominated separately, and is subject to

separate allocation, pursuant to the terms of each separate

Exhibit A of each service agreement. Each Exhibit A of each

combined service agreements will be identified by its original

contract number or such other identification convention

determined to be applicable by Transporter.