Elba Express Company, L.L.C.

Original Volume No. 1

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Effective Date: 03/01/2010, Docket: RP10-342-000, Status: Effective

Original Sheet No. 136 Original Sheet No. 136

 

6.2 The rates, terms, conditions, and charges provided for under Rate Schedule FTS shall be

subject to increase or decrease pursuant to any order issued by the Commission in any proceeding

initiated by Company in its sole discretion or applicable to the services performed hereunder;

provided, however, proposed changes to the GT&C are subject to the provisions in Section 33 of the

GT&C.

 

 

6.3 Unless agreed otherwise in SHIPPER's discounted or negotiated rate exhibit or provided otherwise

for discounted and neogiated rate agreements in the GT&C, nothing contained herein shall prejudice the

rights of Shipper to contest at any time the changes made pursuant to this Article 6.2, including the

right to contest the transportation rates or charges for the services provided under this Agreement,

from time to time, in any subsequent rate proceedings by Company under Section 4 of the Natural Gas

Act or to file a complaint under Section 5 of the Natural Gas Act with respect to such transportation

rates or charges, the Rate Schedules, or the GT&C.

 

Article 7

 

MISCELLANEOUS

 

7.1 This Agreement constitutes the entire Agreement between the Parties and no waiver by Company

or Shipper of any default of either Party under this Agreement shall operate as a waiver of any

subsequent default whether of a like or different character.

 

7.2 Dispute Resolution

 

(a) GOVERNING LAW; VENUE; WAIVER OF JURY TRIAL.

THE PARTIES EXPRESSLY AGREE THAT THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD

FOR ANY RULES FOR CONFLICTS OF LAW, SHALL GOVERN THE VALIDITY, EFFECT, CONSTRUCTION,

AND INTERPRETATION OF THIS AGREEMENT EXCEPT WHERE PREEMPTED BY THE NATURAL GAS ACT IN

IMPLEMENTING FERC REGULATIONS AND POLICIES. IN THE EVENT OF ANY DISPUTE RELATING TO

THIS AGREEMENT OR ANY RELATED AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED

HEREBY OR THEREBY, SUCH DISPUTE SHALL, PRIOR TO INITIATING ANY FORMAL LEGAL

PROCEEDING, BE REFERRED FOR NO LESS THAN THIRTY (30) DAYS TO A SENIOR MANAGEMENT

REPRESENTATIVE OF EACH OF THE PARTIES FOR RESOLUTION. EACH PARTY AGREES THAT NEW

YORK, NEW YORK, SHALL BE THE EXCLUSIVE VENUE FOR LITIGATION OF ANY DISPUTE OR CLAIM

ARISING UNDER OR RELATING TO THIS AGREEMENT OR ANY RELATED AGREEMENT OR THE

TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (EXCEPT FOR DISPUTES OR CLAIMS BROUGHT

BEFORE THE FERC WHERE PREEMPTED BY THE NATURAL GAS ACT IN IMPLEMENTING FERC

REGULATIONS AND POLICIES), AND THAT SUCH CITY IS A CONVENIENT FORUM IN WHICH TO

DECIDE ANY SUCH DISPUTE OR CLAIM. EACH PARTY CONSENTS TO THE PERSONAL