5-20-41 IX. Each major and secondary defendant signatory hereto, and each of their present and future subsidiaries and successors, which now or hereafter, either individually or jointly with others bound hereby, owns or controls a common carrier pipe line engaged in the transportation of gasoline or other petroleum products in interstate commerce will exercise such ownership or control to the extent of its legal right, to cause such common carrier to comply with the subsequent provisions hereof: (1) Not to credit or pay, directly or indirectly, to any such person, firm or corporation, in any calendar year, any earnings or dividends derived from rates collected for the shipment of gasoline or other petroleum products in interstate commerce, in excess of its respective share of of the valuation of the common carrier property, if the common carrier shall have transported during the calendar year in which said sums were earned any gasoline or other petroleum products for such person, firm or corporation. Any amount permitted to be credited or paid in any calendar year but withheld or not earned, may be credited or paid in any subsequent year in addition to the amounts permitted to be credited or paid for such subsequent year. Any monies necessary for the retirement of any debt incurred in the construction, acquisition or improvement of common carrier property may be credited or paid at any time. (i) Valuation as hereinabove used shall mean the latest final valuation of the carrier's property as Locuriance with accounting and valuation nethols ingin valuations of part carrier partes den to late. darrate and retain at earrings of tre 5-20-4 serived from the shipment of miscline or other petrålen rulete it interstate here in excess of the counts rermittel to be credite* by subparagraph (1) hereof, sid to treceret within 30 days siter the end of each erlendar year such excess Marries to as 19. earned surplus a court. Such sur lub ray extensions of existing or construction of new common No unies necessary to maintain ressonet. s during the current calendar year, or Loneccory for the maintenace or replacement of any existing facility, or :ecessary for the retiremont of any duct incurri construction, acquisition or improvement of common carrier proverty, need be segrevatud. The above shall not prevent any cwner(s) or stroller, s upon the sale of its interest in, or upon liquidation of the common carrier from receiving the fall prode of s. ah cele or liquidation. 5-28-41 X. No major or secondary defendant signatory hereto, and no present or future subsidiaries or successors, which now or hereafter, either individually or jointly with others bound hereby, owns or operates a common carrier pipeline engaged in the transportation of gasoline or other petroleum products in interstate commerce, will solicit, accept or receive, directly or indirectly, through or by any means or device whatsoever, from any such common carrier any sum of money or other valuable consideration, the crediting or paying of which is prohibited by the provisions of IX hereof. 5-20-41 Third: By reason of the representations of each of the defendants signatory hereto contained in their respective answers that they and each of them will hereafter comply with the provisions of the above Plan of Operation and conduct their several businesses in accordance therewith, so far as the said Plan may be applicable to them, the Court finds it unnecessary presently to issue any injunction or restraining order against them and adjudges as between the United States of America and each of said defendants: that no amounts heretofore credited or paid by pipeline common carriers to persons, firms or corporations signatory hereto or bound hereby, constituted refunds, rebates, offsets, concessions or discriminations from duly established tariff rates filed with the Interstate Commerce Commission. Fourth: Jurisdiction is hereby retained for the purpose of enforcing, in the manner hereinafter set forth, compliance with the above Flan of Operation by all defendants who become signatory hereto and for the purpose of enabling any party hereto to apply to the Court at any time for such orders and directions as may be necessary or appropriate for the construction of this Decree. In the event that the United States of America shall have reasonable cause to believe that said defendants, or any of them, shall have violated any provision of seid Flan, then and in such event, upon petition duly filed in this cause, after service thereof upon such defendant or defendants or their attorneys of record herein and after hearing and disposing of any motions which 98505 0-58-pt. 1. vol. 2- 45 |