Rockies Express Pipeline LLC (Entrega)

Second Revised Volume No. 1

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Effective Date: 09/01/2007, Docket: CP06-354-002, Status: Effective

Original Sheet No. 245 Original Sheet No. 245 : Effective

 

GENERAL TERMS AND CONDITIONS

 

27. REGULATION

 

The operation of the provisions of this Tariff shall be subject to any

and all governmental statutes and all lawful orders, rules, and

regulations affecting the receipt, storage, transportation or delivery

of Gas hereunder or the equipment required in connection with such

receipt, storage, transportation or delivery. It is understood that

performance under any Agreement shall be subject to all valid laws,

orders, rules and regulations of duly constituted governmental

authorities having jurisdiction or control of the matter related hereto.

Should either of the parties, by force of any such law, order, rule or

regulation, at any time during the term of the Agreement be ordered or

required to do any act inconsistent with the provisions thereof, then

for that period only during which the requirements of such law, order,

rule or regulation are applicable, the Agreement shall be deemed

modified to conform with the requirement of such law, order, rule or

regulation; provided, however, nothing herein shall alter, modify or

otherwise affect the respective rights of the parties to cancel or

terminate the Agreement under its the terms and conditions.

 

28. OPERATOR

 

28.1 DESIGNATION OF OPERATOR

 

The Operator of Transporter's System is Kinder Morgan Nat Gas

Operator LLC, which performs all of Transporter's obligations

hereunder. Transporter reserves the right to change the

designation of the Operator.

 

28.2 WAIVER AND INDEMNIFICATION

 

A. In the absence of negligence, or misfeasance on the part of

Operator, its officers, employees or Agents, each Shipper

waives any and all claims and demands against Operator, its

officers, employees or Agents, arising out of or in any way

connected with: (1) the quality, use or condition of the

Gas after delivery from the System for the account of such

Shipper; (2) any losses or shrinkage of Gas during and

resulting from transportation hereunder; and (3) all other

claims, damages and demands arising out of the conduct of

Operator, its officers, employees or Agents hereunder.