Common use of No Public Utility Clause in Contracts

No Public Utility. This Agreement is made as an accommodation to Customer and in no event shall Terminal’s services be deemed to be those of a public utility or common carrier. If for any reason the Terminal or any of its facilities become a public utility or common carrier, then at the option of Terminal and upon prior written notice to Customer, Terminal may (a) restructure and restate this Agreement on commercially reasonable terms in compliance with applicable regulations, or (b) terminate this Agreement as to the affected facilities or services.