East Tennessee Natural Gas, LLC
Third Revised Volume No. 1
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Effective Date: 07/01/2004, Docket: RP04-362-000, Status: Effective
Original Sheet No. 633 Original Sheet No. 633 : Effective
FORM OF RELEASED TRANSPORTATION SERVICE AGREEMENT
(Applicable to firm transportation rights released pursuant to
Section 17 of Transporter's General Terms and Conditions.)
ARTICLE VI - REGULATION
6.1 This Agreement shall be subject to all applicable governmental
statutes, orders, rules, and regulations and is contingent upon the
receipt and continuation of all necessary regulatory approvals or
authorizations upon terms acceptable to Transporter. This Agreement
shall be void and of no force and effect if any necessary regulatory
approval or authorization is not so obtained or continued. All parties
hereto shall cooperate to obtain or continue all necessary approvals or
authorizations, but no party shall be liable to any other party for
failure to obtain or continue such approvals or authorizations.
Further, if any governmental body having jurisdiction over the service
provided for herein authorizes abandonment of such service on a date
other than the Termination Date as defined in Article IV herein, then
the Termination Date shall nevertheless be the abandonment date so
authorized.
ARTICLE VII - REPLACEMENT SHIPPER'S INDEMNIFICATION
Replacement Shipper recognizes that its rights to transportation service
hereunder are solely those rights released by Releasing Shippers. The
Replacement Shipper agrees that it will indemnify Transporter against any
claim or suit of any kind by any Releasing Shipper, its successor or assigns
arising from any action taken by Transporter in reliance upon the
nominations, scheduling instructions or other communications from Replacement
Shipper or its agents. Replacement Shipper further agrees that it will hold
Transporter harmless for any action taken by Transporter in reliance upon the
nominations, scheduling instructions or other communications of the Releasing
Shipper or its agents. Replacement Shipper further recognizes and agrees
that Transporter shall have no obligation to honor any nomination or
scheduling request from Replacement Shipper or its agents that in
Transporter's sole opinion conflicts with communications or instructions
received by Transporter from the Releasing Shipper (or its agents) which is
the source of the released transportation rights sought to be utilized by
Replacement Shipper hereunder.