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

FIRST REVISED SHEET NO. 165 FIRST REVISED SHEET NO. 165

Superseding: ORIGINAL SHEET NO. 165

 

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, it 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 laws of the State of

New York.