Common use of Priority Service Clause in Contracts

Priority Service. In order to effectuate the underlying objectives of this Agreement, THPP agrees as follows: (a) Throughout the Term of this Agreement, THPP shall take such action as may be necessary, including filing and continuing to maintain tariffs (including the Rules Tariff) with the NDPSC, to permit TRMC to ship the full Reserved Capacity without subjecting TRMC to prorationing or any similar reduction in TRMC’s allocation. (b) Prior to filing any new tariff with a Governmental Authority, THPP shall consult with TRMC as set forth in Section 5(e)(ii). THPP shall ensure that any new tariff does not in any way impinge upon or prejudice any of TRMC’s rights under the terms of this Agreement, including TRMC’s rights under Section 8(a) above. (c) THPP shall provide TRMC with reasonable advance notice before taking any actions to shut down or reduce throughput rates on any Segment of the Pipeline System or any gathering line, and any such action shall be subject to the provisions of Section 2(a)(ii). Upon request by TRMC, THPP shall provide a reasonable explanation for the actions it is taking, and if an action is temporary, inform TRMC of the expected duration. The Parties shall negotiate in good faith arrangements to ensure that such actions do not impair the rights and obligations hereunder.