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 Third Revised Sheet No. 108A Sub Third Revised Sheet No. 108A

Superseding: Third Revised Sheet No. 108A

 

11. SERVICE AGREEMENT AND SERVICE CONDITIONS (Continued)

 

11.8 Successors and Assigns (continued)

 

or Shipper from pledging, mortgaging or assigning its rights as

security for its indebtedness and either Transporter or Shipper

may assign to the pledgee or mortgagee (or to a trustee for the

holder of such indebtedness) any money due or to become due under

a Transportation Service Agreement. Any assignment will become

effective the first day of the month following written notice that

such assignment was effectuated. Upon request of either

Transporter or Shipper, the other party will acknowledge in

writing any permitted assignment and the right of any permitted

assignee (and any assignee upon enforcement of any assignment made

as security for indebtedness) to enforce a Transportation Service

Agreement against such other party, and will also deliver such

certificates, copies of corporate documents and opinions of

counsel as may be reasonably requested by a permitted assignee

relating to such party, any Transportation Service Agreement and

any other matters relevant thereto. No permitted assignment will

relieve the assigning party from any of its obligations under any

Transportation Service Agreement. Shipper will confirm that the

rights of Transporter under any Transportation Service Agreement

that may be assigned include any right given or reserved to

Transporter in the Transportation Service Agreement to consent to

any assignment or transfer by Shipper of its rights and

obligations thereunder.

 

11.9 Governmental Bodies. Notwithstanding any other provision, all

Transportation Service Agreements will be subject to all laws,

statutes, ordinances, regulations, rules and court decisions of

governmental entities now or hereafter having jurisdiction.

 

11.10 Electronic Signature. Transporter and Shipper agree that a

facsimile or other electronic version of any Transportation

Service Agreement, when properly executed, electronically or

otherwise, shall be considered for all purposes to be an original

document, and shall be deemed for all purposes to be signed and

shall constitute a binding agreement.

 

11.11 Transportation Service Agreements will be amended only by an

instrument in writing (or in electronic format) executed by both

Transporter and Shipper.