Common use of Interconnection Agreements Clause in Contracts

Interconnection Agreements. Landlord hereby designates Tenant as Landlord’s agent with respect to, and, except as otherwise provided in this Lease, solely with respect to, the exercise of Landlord’s rights and carrying out of Landlord’s obligations under the Interconnection Agreements, but only during the Term of and to the limited extent set forth in this Lease. This designation creates a special agency relationship, and Tenant and Landlord expressly acknowledge that, except as otherwise provided in this Lease, the scope of Tenant’s authority to act as agent for Landlord is expressly limited to the use and administration of the Interconnection Agreements as set forth in this Lease. Except for such use, and except as otherwise provided in this Lease, Tenant has and shall have no other power, authority or right to act as agent for Landlord, and Tenant shall have no implied powers or authority to act as agent for Landlord. Tenant shall (a) use commercially reasonable efforts to maintain the Interconnection Agreements in full force and effect, (b) administer the Interconnection Agreements such that Landlord is not in breach of any provision thereof, and (c) provide Landlord with copies of any material correspondence or other communications with counterparties under the Interconnection Agreements. Tenant may amend any Interconnection Agreement as it deems necessary or advisable in connection with the operation and use of the Liquids Transportation System, but Tenant shall promptly provide a copy of any such amendment to Landlord, and any such amendment that would reasonably be expected to increase Landlord’s obligations thereunder shall require Landlord’s consent (not to be unreasonably withheld). Tenant may not terminate any Interconnection Agreement without Landlord’s prior written consent (not to be unreasonably withheld). If Tenant determines, acting reasonably and in good faith, that it would be advisable to enter into a new agreement pursuant to which the Liquids Transportation System, or any component thereof, is interconnected to other pipeline systems, facilities, or assets, Tenant may, with Landlord’s prior written consent (not to be unreasonably withheld), enter into such agreement either directly or on Landlord’s behalf, in which case (x) Tenant shall promptly provide a copy of the executed agreement to Landlord, (y) if Tenant enters into such agreement directly, it shall immediately thereafter assign such agreement to Landlord, and (z) such agreement, whether entered into by Tenant directly or on Landlord’s behalf, shall become an Interconnection Agreement included in the Leased Property, without any increase in Base Rent. During the Term, all fees and other payments due under or in respect of the Interconnection Agreements shall be paid by Tenant or, if paid by Landlord, shall be reimbursed to Landlord by Tenant as Additional Rent.