Kern River Gas Transmission Company

Second Revised Volume No. 1

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Effective Date: 09/06/2004, Docket: RP04-444-000, Status: Effective

First Revised Sheet No. 329 First Revised Sheet No. 329 : Effective

Superseding: Original Sheet No. 329

 

. .

 

FORM OF FIRM TRANSPORTATION SERVICE AGREEMENT

(Applicable to Transportation Service Under Rate Schedule KRF-L1)

(Continued)

 

ARTICLE V - SUCCESSORS AND ASSIGNS (Continued)

 

to enforce this 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 such permitted assignee

relating to such party, this Agreement and any other matters relevant

thereto. No permitted assignment will relieve the assigning party from

any of its obligations under this Agreement. Shipper hereby confirms

that the rights of Transporter under the Agreement that may be assigned

include any right given or reserved to Transporter in the Agreement to

consent to any assignment or transfer by Shipper of its rights and

obligations thereunder.

 

ARTICLE VI - GOVERNMENTAL BODIES

 

6.1 Notwithstanding any other provision hereof, this Agreement will be

subject to all laws, statutes, ordinances, regulations, rules and court

decisions of governmental entities now or hereafter having jurisdiction.

 

ARTICLE VII - MISCELLANEOUS PROVISIONS

 

7.1 This Agreement will be amended only by an instrument in writing executed

by both parties hereto.

 

7.2 No waiver by any party of any one or more defaults by the other in the

performance of any provisions of this Agreement will operate or be

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

like or of a different character.

 

7.3 No liability for any act or omission of Transporter will be incurred by,

or asserted against, any person or company which 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.

 

7.4 The headings of the Articles of this Agreement are inserted for

convenience of reference only and will not affect the meaning or

construction thereof.