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. 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.