Northern Border Pipeline Company

First Revised Volume No. 1

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Effective Date: 11/01/2003, Docket: RP03-629-000, Status: Effective

Second Revised Sheet No. 422 Second Revised Sheet No. 422 : Effective

Superseding: First Revised Sheet No. 422

 

NORTHERN BORDER PIPELINE COMPANY

SERVICE AGREEMENT

RATE SCHEDULE T-1R

 

 

Article 9 - Successors

 

After establishing credit worthiness in accordance with Section 41 of

the General Terms and Conditions, 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. 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 10 - Loss of Governmental Authority, Gas Supply,

Transportation or Market

 

Without limiting its other responsibilities and obligations under this

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 authorizations, (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.