Kern River Gas Transmission Company
Second Revised Volume No. 1
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Effective Date: 05/01/2002, Docket: RP01-190-002, Status: Effective
First Revised Sheet No. 896 First Revised Sheet No. 896 : Effective
Superseding: Original Sheet No. 896
RATE SCHEDULE SH-1
Kern River Firm Transportation Services
(Continued)
ARTICLE 22 - MISCELLANEOUS (Continued)
22.7 Successor and Assigns. (Continued)
Service Agreement, defaulted, describing in reasonable detail such
alleged default, then Shipper shall, prospectively and effective as of
the date of receipt of Transporter's written notice, either (i) act as a
guarantor of such Assignee's financial obligations thereunder, or (ii)
reassume the obligations so assigned.
22.8 Nonexclusivity. Shipper hereby expressly reserves the right to continue
to negotiate agreements with other pipeline companies, including, but
not limited to, Wyoming-California Pipeline Company and Mojave Pipeline
Company, for transmission of Shipper's Gas to Kern County, California.
Transporter expressly acknowledges that Shipper may execute any
transportation agreement (including but not limited to, a letter of
intent, a memorandum of understanding, and an agreement subject to a
condition precedent) that is limited to become effective on the date the
Firm Transportation Service Agreement is terminated pursuant to the
provisions thereof, or limited to become effective only in the event it
becomes impossible for Transporter to fulfill its obligations under the
terms of the Firm Transportation Service Agreement. Transporter also
acknowledges that Shipper may execute any agreement that provides for
the transportation of Quantities of Shipper's Gas in addition to the
Transportation Maximum Daily Quantity.
22.9 Waiver of Defaults. No waiver by any party of any one or more defaults
by the other in the performance of any provisions of this Rate Schedule
or the Firm Transportation Service Agreement shall operate or be
construed as a waiver of any future default or defaults, whether of a
like or of a different character.
22.10 Exhibits. The exhibits to the Firm Transportation Service Agreement are
incorporated by reference as if set forth in full therein.
22.11 Reservation of Processing Rights. Shipper shall retain title to the
entire Gas stream Shipper delivers to Transporter, provided, however,
that oil or liquid hydrocarbons recovered from Shipper's Gas by
Transporter using conventional gravity separation facilities during
transportation shall become and remain the exclusive property