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.