Iroquois Gas Transmission System, L.P.

FIRST REVISED VOLUME NO. 1

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Effective Date: 08/01/2009, Docket: RP09-805-000, Status: Effective

SECOND REVISED SHEET NO. 147 SECOND REVISED SHEET NO. 147

Superseding: FIRST REVISED SHEET NO. 147

 

this Article VII shall not in any way prevent either party to

this Contract from pledging or mortgaging its rights hereunder

as security for its indebtedness.

 

 

ARTICLE VIII - NONRECOURSE OBLIGATION OF PARTNERSHIP AND OPERATOR

 

Shipper acknowledges and agrees that (a) Transporter is a

Delaware limited partnership; (b) Shipper shall have no recourse

against any Partner in Transporter with respect to Transporter’s

obligations under this Contract and that its sole recourse shall

be against the partnership assets, irrespective of any failure to

comply with applicable law or any provision of this Contract;

(c) no claim shall be made against any Partner under or in

connection with this Contract; (d) Shipper shall have no right of

subrogation to any claim of Transporter for any capital

contributions from any Partner to Transporter; (e) no claims

shall be made against the Operator, its officers, employees, and

agents, under or in connection with this Contract and the

performance of Operator’s duties as Operator (provided that this

shall not bar claims resulting from the gross negligence or

willful misconduct of Operator, its officers, employees or

agents) and Shipper shall provide Operator with a waiver of

subrogation of Shipper’s insurance company for all such claims;

and (f) this representation is made expressly for the benefit of

the Partners in Transporter and Operator.

 

 

ARTICLE IX - LAW OF CONTRACT

 

The interpretation and performance of this Contract shall

be in accordance with and controlled by the laws of the State of

New York.