d. Change in negotiated rate policy. If the Rate is invalidated by a) the FERC's modification of the rules, regulations or policy applicable to Transwestern's negotiated rate authority under the Alternative Rates Policy Statement or b) any order, legislation, or other action by a governmental authority, the transportation rate hereunder shall be the maximum rate set forth in Transwestern's tariff, effective on the date such FERC order or other governmental action is final, except that if the currently effective maximum rate at the time of such invalidation is higher or lower than the Rate, then the parties agree to enter into a substitute lawful arrangement, such that the parties are placed in the same economic position as if TW had collected such Rate.