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. 411 Second Revised Sheet No. 411
Superseding: First Revised Sheet No. 411
NORTHERN BORDER PIPELINE COMPANY
FIRM COMPRESSION SERVICE AGREEMENT - DES PLAINES
RATE SCHEDULE FCS-DP
Article 7 - Successors and Assigns (Continued)
in this Article 7 shall, however, operate to release predecessor
Shipper from its obligation under its Service Agreement unless Company
shall, in its sole discretion, consent in writing to such release.
Company shall not release any Shipper from its obligations under its
Service Agreement unless: (a) such release is effected pursuant to an
assignment of obligations by such Shipper, and the assumption thereof
by the assignee, and the terms of such assignment and assumption render
the obligations being assigned and assumed no more conditional and no
less absolute than those at the time provided therein; and (b) such
release is not likely to have a substantial adverse effect upon
Company. Shipper shall, at Company's request, execute such instruments
and take such other action as may be desirable to give effect to any
such assignment of Company's rights under such Shipper's Service
Agreement or to give effect to the right of a Person whom the Company
has specified pursuant to Section 6 of the General Terms and Conditions
of Company's FERC Gas Tariff as the Person to whom payment of amounts
invoiced by Company shall be made; provided, however, that: (a) Shipper
shall not be required to execute any such instruments or take any such
other action the effect of which is to modify the respective rights and
obligations of either Shipper or Company under this Service Agreement;
and (b) Shipper shall be under no obligation at any time to determine
the status or amount of any payments which may be due from Company to
any Person whom the Company has specified pursuant to said Section 6 as
the Person to whom payment of amounts invoiced by Company shall be
made.
Article 8 - Loss of Governmental Authority, Gas Supply,
Transportation or Market
Without limiting its other responsibilities and obligations under this
Service Agreement, the Shipper acknowledges that it is responsible for
obtaining and assumes the risk of loss of the following: (1) gas
removal permits, (2) export and import licenses, (3) gas supply,
(4) markets and (5) transportation upstream and downstream of the
Company's pipeline system. Notwithstanding the loss of one of the
items enumerated above, Shipper shall continue to be liable for payment
to the Company of the transportation charges as provided for in this
Service Agreement.