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.