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 First Revised Sheet No. 108B Sub First Revised Sheet No. 108B

Superseding: First Revised Sheet No. 108B

 

11. SERVICE AGREEMENT AND SERVICE CONDITIONS (Continued)

 

11.12 Multiple Counterparts. Transportation Service Agreements may be

executed in multiple counterparts, all of which (including copies

thereof) will constitute one and the same instrument, and each of

which (including copies thereof) will be deemed an original.

 

11.13 Waivers. No waiver by either Transporter or Shipper of any one or

more defaults by the other in the performance of any provisions of

any Transportation Service Agreement will operate or be construed

as a waiver of any future default or defaults, whether of a like

or of a different character.

 

11.14 Liability. No liability for any act or omission of Transporter

will be incurred by, or asserted against any other person or

company who is a partner in Kern River Gas Transmission Company,

or any owners, subsidiaries or affiliates of the partners. Any

recourse for any liability of Transporter will be against

Transporter only.

 

11.15 Headings. The headings of the Articles of any Transporter Service

Agreement are inserted for convenience of reference only and will

not affect the meaning or construction of a Transportation Service

Agreement.

 

11.16 Governing Law. All Transportation Service Agreements will be

construed in accordance with the laws of the State of Utah

excluding any conflicts of law provisions thereof.