T.W. Phillips Pipeline Corp.

Original Volume No. 1

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Effective Date: 01/01/2010, Docket: RP10-141-000, Status: Effective

Original Sheet No. 70 Original Sheet No. 70

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

22.5.9. Once Replacement Shipper or PRS is notified of a winning bid, such Re-

placement Shipper or PRS shall have all the rights and obligations

specified under the Releasing Shipper’s Rate Schedule, the Releasing

Shipper’s FT Agreement and the GT&C including the right to release firm

capacity pursuant to this section unless the conditions prescribed by the

Shipper Notice require otherwise. Transporter shall allow re-releases on

the same terms and basis as the primary release (except as prohibited by

the Commission’s regulations).

 

22.5.10.Replacement Shipper shall have no ROFR applicable with respect to the re-

leased capacity, unless such release is permanent.

 

22.5.11.Replacement Shipper shall have the right to nominate secondary delivery

points, subject to the availability of capacity, and subject to the

priorities set forth in Sections 9 and 10 of the GT&C.

 

22.6. Rights and Obligations of Transporter

 

22.6.1. Transporter shall determine the best bid based upon the best bid criteria.

Transporter shall have the right but not the obligation, to reject, in

whole or in part, the terms of any Shipper Notice or bid which is discri-

minatory or conflicts with any order or regulation issued by the Commis-

sion, or provision of the FT Agreement, FT Rate Schedules or GT&C. Such

Shipper Notice shall be rejected in its entirety unless Shipper permits a

partial rejection. Transporter shall provide notification to Shipper,

through the Website, of the reason(s) for rejecting a release notice with

the notice of rejection.

 

22.6.2. Transporter shall not have any liability to any Shipper, Releasing

Shipper, Replacement Shipper, bidder or any other party as a result of

Transporter’s performance of its obligations under its capacity release

program, and such Shippers, Releasing Shippers, Replacement Shippers,

and bidders shall indemnify Transporter from and against any and all

losses, damages, expenses, claims, suits, actions and proceedings whatso-

ever threatened, incurred or initiated as a result of Transporter’s per-

formance hereunder, except to the extent such loss, damage, expense,

claim, suite, action or proceeding is the result of Transporter’s gross

negligence, or willful misconduct, provided that Transporter shall be re-

sponsible for direct damages, if any, resulting from Transporter’s own

negligence.