Kern River Gas Transmission Company

Second Revised Volume No. 1

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Effective Date: 12/19/2009, Docket: RP10-160-002, Status: Effective

Sub Fifth Revised Sheet No. 108 Sub Fifth Revised Sheet No. 108

Superseding: Fifth Revised Sheet No. 108

 

. .

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

11. SERVICE AGREEMENT AND SERVICE CONDITIONS (Continued)

 

11.4 Volumetric Obligations. The executed Transportation Service

Agreement will set forth the maximum Volumes of Gas which

Transporter will be obligated to transport and deliver to Shipper

on any Day.

 

11.5 Alterations and Repairs. Transporter will have the right, without

liability to Shipper, to curtail deliveries when necessary to

alter, modify, enlarge, repair or maintain any facility or

property that comprises a part of, or is appurtenant to,

Transporter's transmission system or is otherwise related to the

operation thereof. Transporter will endeavor to arrange such

curtailment so as to cause a minimum of inconvenience to Shipper.

 

11.6 Properties and Facilities. Transporter and Shipper each assume

full responsibility and liability for the maintenance and

operation of their respective properties and facilities and will

indemnify and hold harmless the other from all liability and

expense on account of any and all damages, claims or actions,

including injury to and death of persons, arising from any act,

accident or omission in connection with or arising out of the

installation, presence, maintenance and operation of properties

and facilities of the indemnifying party. Transporter will have no

obligation to odorize Gas delivered to Shipper under this tariff

nor to maintain any odorant level.

 

11.7 Notices. Notices called for pursuant to any agreement between

Transporter and Shipper will be in written or electronic form and

will be considered as having been duly given when delivered

personally, or when mailed, faxed, or sent by other electronic

measures to either Shipper or Transporter at the place designated

on Transporter's Designated Site.

 

11.8 Successors and Assigns. Any Transportation Service Agreement will

be binding upon and inure to the benefit of the Transporter and

Shipper and their respective successors and assigns. No

assignment or transfer by either Transporter or Shipper thereunder

will be made without the written consent of the other party. Such

consent will not be unreasonably withheld. No such consent of

Transporter or Shipper will be required when an assignment by

Transporter or Shipper is the result of, and part of, a corporate

acquisition, merger or reorganization. Nothing contained in a

Transportation Service Agreement will prevent either Transporter