Iroquois Gas Transmission System, L.P.
FIRST REVISED VOLUME NO. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 04/15/2010, Docket: RP10-489-000, Status: Effective
FOURTH REVISED SHEET NO. 176 FOURTH REVISED SHEET NO. 176
Superseding: THIRD REVISED SHEET NO. 176
without relieving itself of its obligations under this Contract,
assign any of its rights hereunder to an entity if that party
first obtains the written consent thereto of the other party
and such consents shall not be unreasonably withheld.] It is
agreed, however, that the restrictions on assignment contained
in 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 the
obligations of Transporter 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.