Pinnacle Pipeline Company
ORIGINAL VOLUME NO. 1
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Effective Date: 10/08/2003, Docket: RP04-102-001, Status: Effective
Original Sheet No. 161 Original Sheet No. 161 : Effective
underpayment has been made, and if the other
party disagrees with the report, both parties
shall cooperate in an attempt to resolve any
differences regarding the report. If any
difference regarding an audit report is not
resolved within thirty (30) Days following
delivery of that report, Shipper and Transporter
may, by mutual agreement, submit the controversy
to arbitration, and failing such agreement, may
use any legal means at their disposal to resolve
the dispute. The amount of the underpayment or
overpayment, as the case may be, shall promptly
be paid to the party to whom it is owed by the
other party upon final resolution of any
difference.
29.2 Governing Laws - Any Transportation Agreement
made pursuant to Transporter's Rates Schedules
shall be construed under and in accordance with
the substantive laws of the State of Texas,
except any provision of such laws that requires
the application of the laws of another state.
29.3 Government Contract Clauses - To the extent
applicable, Transporter shall be bound by any
government contract clauses that are incorporated
into a Transportation Agreement, and any other
clauses which Shipper has notified Transporter
are required by governmental statutes, rules
or regulations to be included in a Transportation
Agreement. No Transportation Agreement shall be
interpreted to require Transporter to be bound by
the provisions of any law unless that law itself
provides for applicability to Transporter.
29.4 Cumulative Remedies - Pursuit, by either
Transporter or Shipper, of any remedy available
under this Tariff or any Transportation Agreement
as may exist between Transporter and Shipper,
shall not constitute a waiver of any other remedy
that may be available. No waiver of any event of
default or other breach of an Agreement shall be
deemed or construed to constitute a waiver of any
subsequent occurrence of the same event of
default or breach of the same provision of the
Agreement.