Northern Border Pipeline Company
First Revised Volume No. 1
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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