East Tennessee Natural Gas, LLC
Third Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 07/01/2004, Docket: RP04-362-000, Status: Effective
Original Sheet No. 643 Original Sheet No. 643 : Effective
FORM OF RELEASED STORAGE SERVICE AGREEMENT
(Applicable to firm storage rights
released pursuant to Section 18 of Transporter's
General Terms and Conditions.)
ARTICLE V - SUCCESSORS AND ASSIGNS
5.1 Either Party may assign or pledge this Agreement and all rights and
obligations hereunder under the provisions of any mortgage, deed of
trust, indenture, or other instrument that it has executed or may
execute hereafter as security for indebtedness; otherwise, Shipper
shall not assign this Agreement or any of its rights and obligations
hereunder.
5.2 Any person or entity that shall succeed by purchase, transfer, merger,
or consolidation to the properties, substantially or as an entirety, of
either Party hereto shall be entitled to the rights and shall be
subject to the obligations of its predecessor in interest under this
Agreement
ARTICLE VI - REGULATION
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 storage 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 storage rights
sought to be utilized by Replacement Shipper hereunder.