Unregulated Assets Clause Samples

Unregulated Assets. The Parties have entered into the Agreement based on the assumption that the Terminal Facilities are engaged in terminal services that are not subject to regulation by the FERC pursuant to the ICA and that the Services to be provided hereunder are likewise not subject to such regulation. If all of the Terminal Facilities or all of the Services become regulated by or subject to the jurisdiction of the FERC under the provisions of the ICA (“FERC Regulation”), Enterprise may, in its sole discretion, upon written notice to Customer, terminate the Agreement, such termination to be effective the day before the date of the FERC Regulation.