Northern Border Pipeline Company

First Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 02/01/2009, Docket: RP09-132-000, Status: Effective

Second Revised Sheet No. 410 Second Revised Sheet No. 410

Superseding: First Revised Sheet No. 410

 

NORTHERN BORDER PIPELINE COMPANY

FIRM COMPRESSION SERVICE AGREEMENT - DES PLAINES

RATE SCHEDULE FCS-DP

 

 

Article 6 - Applicable Law and Submission to Jurisdiction

 

This Service Agreement and Company's Tariff, and the rights and

obligations of Company and Shipper thereunder are subject to all

relevant and United States lawful statutes, rules, regulations and

orders of duly constituted authorities having jurisdiction. Subject to

the foregoing, this Service Agreement shall be governed by and

interpreted in accordance with the laws of the State of Nebraska. For

purposes of legal proceedings, this Service Agreement shall be deemed

to have been made in the State of Nebraska and to be performed there,

and the Courts of that State shall have jurisdiction over all disputes

which may arise under this Service Agreement, provided always that

nothing herein contained shall prevent the Company from proceeding at

its election against the Shipper in the Courts of any other state,

Province or country.

 

At the Company's request, the Shipper shall irrevocably appoint an

agent in Nebraska to receive, for it and on its behalf, service of

process in connection with any judicial proceeding in Nebraska relating

to this Service Agreement. Such service shall be deemed completed on

delivery to such process agent (even if not forwarded to and received

by the Shipper). If said agent ceases to act as a process agent within

Nebraska on behalf of Shipper, the Shipper shall appoint a substitute

process agent within Nebraska and deliver to the Company a copy of the

new agent's acceptance of that appointment within 30 days.

 

Article 7 - Successors and Assigns

 

Any person which shall succeed by purchase, amalgamation, merger or

consolidation to the properties, substantially as an entirety, of

Shipper or of Company, as the case may be, and which shall assume all

obligations under Shipper's Service Agreement of Shipper or Company, as

the case may be, shall be entitled to the rights, and shall be subject

to the obligations, of its predecessor under Shipper's Service

Agreement. Either party to a Shipper's Service Agreement may pledge or

charge the same under the provisions of any mortgage, deed of trust,

indenture, security agreement or similar instrument which it has

executed, or assign such Service Agreement to any affiliated Person

(which for such purpose shall mean any person which controls, is under

common control with or is controlled by such party). Nothing contained