MMS-2030 Outer Continental Shelf (OCS) Pipeline Right-of-Way Gran

U.S. DEPARTMENT OF THE INTERIOR OMB Control Number: 1010-0050

Minerals Management Service OMB Approval Expires: xx/xx/xxxx

OUTER CONTINENTAL SHELF (OCS) PIPELINE RIGHT-OF-WAY GRANT BOND

Bond No.: ___________________________________

Bond Type: □ Area _____ □ Additional Security (Check One)_________________ Amount: _______________________________

The Surety is the Company Guaranteeing Performance. Name of Surety: ___________________________________________________________________________________________ Mailing Address: ___________________________________________________________________________________________ ___________________________________________________________________________________________ If a Corporation, Incorporated in the State of: _____________________; County or Parish of: _____________________________ ┓ Check here if Surety is certified by U.S. Treasury as an acceptable surety on Federal Bonds and listed in the current U.S. Treasury Circular No. 570.
The Principal is the Pipeline Right-of-way (ROW) Grant Holder for Whom the Bond or additional security* is Issued. Name of Principal: __________________________________________________________________________________________ Mailing Address: __________________________________________________________________________________________ __________________________________________________________________________________________
Schedule A, the OCS area and pipeline ROW grant covered by this bond or additional security*, is comprised of (check one or both): ┓ The following OCS area[(see 30 CFR 250.1011(b)]: ____________________________________________________ ┓ The following pipeline ROW grant [see 30 CFR 250.1011(a)(2)]: __________________________________________________ _______________________________________________________________________________________________________
In addition to the Obligations of the Principal during the period of liability of this bond or additional security*, the Surety also accepts the following Obligations (check one): ┓ No Obligations other than the Obligations of the Principal during the period of liability of this bond or additional security*. ┓ All Obligations of all previous Sureties or guarantors even if the Obligations are not Obligations of the Principal during the period of liability of this bond or additional security*. ┓ All Obligations of all previous Sureties or guarantors even if the Obligations are not Obligations of the Principal during the period of liability of this bond or additional security* with the following exceptions or limitations (use an attached sheet if needed): __________________________________________________________________________________________________
Definitions For the purposes of this document:	An Obligation includes any obligation arising from any regulations of the Department of the Interior or any Instrument issued, maintained, or approved under the OCS Lands Act, 43 USC 1331 et seq. An Instrument includes any pipeline ROW grant, whereunder the Principal has the right, privilege, or license to conduct pipeline operations on the OCS. A Person includes an individual, a public or private corporation, a State, a political subdivision of a State, any association of individuals, corporations, States, or subdivisions of States, or a government agency.
By signing below, the Principal verifies that the information above is correct and agrees to the following: The Principal as agent on behalf of the pipeline ROW grant holder will fulfill all Obligations for the entire pipeline ROW grant and to the same extent as though the Principal were the sole pipeline ROW grant holder for all pipeline ROW grants in Schedule A within an area designated in Schedule A.
By signing below, the Surety verifies that the information above is correct and agrees to the following: The Surety does hereby absolutely and unconditionally bind itself to the United States of America acting through and by the Minerals Management Service (MMS), or such other official designated by the Secretary of the Interior for this purpose, for the performance of all present and future Obligations. The Surety agrees to meet all existing and future Obligations of the Principal on the pipeline ROW grant(s) described in Schedule A or acquired within that area after the effective date of this document at a cost not to exceed $­_________________ unless this sum has been increased or decreased by a rider to this bond or additional security*executed in the same manner as this bond or additional security*. The Surety will be responsible for all Obligations of the Principal in existence at the time this document becomes effective and all Obligations that accrue after that date and until all Obligations are met or until the Regional Director terminates the period of liability of this bond or additional security*.

MMS Form MMS-2030 (March 2009 - Supersedes all previous editions of this form which may not be used.) Page 1 of 3

OUTER CONTINENTAL SHELF (OCS) PIPELINE RIGHT-OF-WAY GRANT BOND (Continued)

4. If the Regional Director terminates the period of liability of this bond or additional security*, the Surety will remain responsible for Obligations that accrued during the period of liability until the Regional Director issues a written cancellation of the bond or additional security* in favor of the Surety.

5. If this bond or additional security* is cancelled, the Regional Director may reinstate this bond or additional security* as if no

cancellation had occurred if any payment of any obligations of the Principal(s) is rescinded or must be restored pursuant to

any insolvency, bankruptcy, reorganization, or receivership, or should the representation of the Principal that it has paid its

financial Obligations or performed the other Obligations of the pipeline ROW grant(s)in accordance with MMS

specifications be materially false and the MMS relied upon such representation in canceling the instrument.

6. The Surety waives any right of notice of this bond or other security*taking effect and agrees that this bond or additional security* will take effect upon delivery to MMS.

7. The Surety’s Obligations will remain in full force and effect, even if:

1. Any person assigns the Instrument covered by this document.

2. Any person modifies an Instrument or Obligation under an Instrument in any manner including modifications that result from a modification of regulations or interpretations of regulations; or creation of any mortgage, pledge, or other grant of security interest in the Instruments.

3. Any person, event, or condition terminates any Instrument covered by this bond or additional security*, whether the termination is by operation of law or otherwise.

4. The MMS takes or fails to take any action in enforcing, as against any party to the Instrument, the performance of any other covenant, condition or agreement of the pipeline ROW grant, or giving notice of or making demand with respect to such nonperformance.

5. The Surety suffers any loss by reason of any law limiting, qualifying, or discharging the Principal’s Obligation.

8. The Surety agrees to be bound under this bond or additional security* as to the interests in any Instrument retained by the Principal when the MMS approves the transfer of any or all of the Instruments.

9. In the event of any default under a pipeline ROW grant, the Surety must perform the Obligations of the Principal upon demand by the MMS.

10. If the MMS decides to commence suit to enforce its rights, it may commence and prosecute any claim, suit, action, or other proceeding against the Principal and Surety, or either of them, whether or not the MMS joins the pipeline ROW grant holder or any other party.

11. In the event there is more than one Surety for the Principal’s performance of the Obligations, as to any Instrument, the Surety’s Obligation and liability under this bond or additional security* is on a “solidary” or “joint and several” basis along with other guarantors or sureties.

12. The Surety agrees to give prompt notice to the MMS and the Principal of any action filed alleging the insolvency or bankruptcy of the Surety or the Principal, or alleging any violation that would result in suspension or revocation of the Surety’s charter or license to do business.

13. The Surety’s Obligation and liabilities under this Bond or additional security* are binding upon the Surety’s successors and assigns. Nothing in this document permits assignment of the Surety’s Obligation without the written consent of the MMS.

14. The Surety hereby waives any defenses to liability on this bond or additional security* based on an unauthorized Principal signature.

* Must be approved by the Regional Director

MMS Form MMS-2030 (March 2009 - Supersedes all previous editions of this form which may not be used.) Page 2 of 3

OUTER CONTINENTAL SHELF (OCS) PIPELINE RIGHT-OF-WAY GRANT BOND (Continued)

_____________________________________ Name of Surety _____________________________________ Signature of Person Executing for Surety _____________________________________ Name and title typed or printed _____________________________________ Business Address _____________________________________ Business Address	_____________________________________ Name of Principal _____________________________________ Signature of Person Executing for Principal _____________________________________ Name and title typed or printed _____________________________________ Business Address _____________________________________ Business Address
Signed on this ________ day of _______________ , 20______, in the State of ____________________, in the presence of:
_____________________________________ Signature of Witness _____________________________________ Name typed or printed _____________________________________ Address _____________________________________ Address	_____________________________________ Signature of Witness _____________________________________ Name typed or printed _____________________________________ Address _____________________________________ Address

Note: The party signing for the Surety must attach a corporate resolution and power of attorney stating his or her authority to under­take this Obligation, pursuant to the acts of the corporate board of directors and the laws of the state of incorporation. The corporation executing this bond as Surety and the pipeline right-of-way grant holder, if a corporation, must affix their corporate seals.

Paperwork Reduction Act of 1995 (PRA) Statement: The PRA (44 U.S.C. 3501 et seq.) requires us to inform you that MMS collects this information to hold the surety liable for the obligations and liability of the Principal (pipeline right-of-way holder). Responses are required to obtain or retain a benefit. Proprietary data are covered under 30 CFR 250.197. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Public reporting burden for this form is estimated to average 15 minutes per response (in the Alaska and Pacific Regions, this could take longer), including the time for reviewing instructions, gathering and maintaining data, and completing and reviewing the form. Direct comments regarding the burden estimate or any other aspect of this form to the Information Collection Clearance Officer, Mail Stop 5438, Minerals Management Service, 1849 C Street, NW, Washington, DC 20240.

MMS Form MMS-2030 (March 2009 - Supersedes all previous editions of this form which may not be used.) Page 3 of 3