Mary Kay and Drew, please see Christine's message below. This language is very similar to language that NNG has used to address the change-in-rates issue. I do not believe it creates a negotiated rates issue. Please let me know as soon as possible if you have any concerns. It is important that we work something out with Phillips today. By the way, I asked Christine if she had asked Phillips to 1) give up their right of first refusal and 2) agree to our new capacity release language (i.e. TW gets the upside if capacity is released at a higher rate) in exchange for us making this compromise. She feels that it would be inappropriate to ask them because the language below does not quite give Phillips what they had requested originally (that is, a negotiated rate).

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Additional Phillips Language