Nautilus Pipeline Company, LLC

Original Volume No. 1

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Effective Date: 10/03/1999, Docket: RP99-502-000, Status: Effective

Original Sheet No.295 Original Sheet No.295 : Effective

 

FORM OF SERVICE AGREEMENT

FOR RATE SCHEDULE PSH

 

 

ARTICLE X

ASSIGNMENTS

 

 

Any company which succeeds by purchase, merger, or

consolidation to the properties, substantially as an

entirety, of Shipper or of Transporter will be entitled to

the rights and will be subject to the obligations of its

predecessor in title under this Service Agreement. Either

Shipper or Transporter may assign or pledge this Service

Agreement under the provisions of any mortgage, deed of

trust, indenture, bank credit agreement, assignment,

receivable sale, or similar instrument which it has executed

or may execute hereafter. Except as set forth above,

neither Shipper nor Transporter shall assign this Service

Agreement or any of its rights hereunder without the prior

written consent of the other party; provided, further, that

neither Shipper nor Transporter shall be released from its

obligations hereunder without the consent of the other.

 

 

ARTICLE XI

NONRECOURSE OBLIGATION OF

LIMITED LIABILITY COMPANY,

MEMBERS AND OPERATOR

 

Shipper acknowledges and agrees that (a) Transporter is

a Delaware limited liability company; (b) Shipper shall

have no recourse against any member of Transporter with

respect to Transporter's obligations under this Service

Agreement and its sole recourse shall be against the

assets of Transporter, irrespective of any failure to

comply with applicable law or any provision of this

Service Agreement; (c) no claim shall be made against

any member of Transporter under or in connection with

this Service Agreement; (d) no claims shall be made

against the Operator, its officers, employees, and

agents, under or in connection with this Service

Agreement and the performance of its duties as Operator

(provided that this provision shall not bar claims

resulting from the gross negligence or willful

misconduct of the Operator) and Shipper shall provide

the Operator with a waiver of subrogation of Shipper's

insurance company for all such claims; and (e) this

representation is made expressly for the benefit of the

members in Transporter and the Operator.