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. 378 First Revised Sheet No. 378 : Effective

Superseding: Original Sheet No. 378

 

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FORM OF RELEASED TRANSPORTATION SERVICE AGREEMENT (Continued)

 

ARTICLE IX - MISCELLANEOUS PROVISIONS

 

9.1 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.

 

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

or asserted against, any entities holding a partnership interest in

Transporter, or against any owners, subsidiaries or affiliates thereof.

Any recourse for any liability of Transporter will be against

Transporter only.

 

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

convenience of reference only, and will not affect the meaning or

construction thereof.

 

9.4 As to all matters of construction and interpretation, this Agreement

will be governed by the laws of the State of Utah.

 

9.5 This Agreement, including all terms and conditions expressly

incorporated by reference herein, constitutes the entire agreement

between the parties pertaining to the subject matter hereof and

supersedes all prior agreements, representations and understandings,

written or oral, pertaining thereto. Except as otherwise provided

herein, any modifications, amendments or changes to this Agreement will

be binding upon the parties only if agreed upon in a written instrument

executed by both parties hereto, which expressly refers to this

Agreement.

 

9.6 Any and all terms and phrases contained in this Agreement will have the

meaning ascribed to such terms and phrases which is contained in the

relevant provisions of Transporter's tariff, unless expressly provided

otherwise herein.