Northern Border Pipeline Company

First Revised Volume No. 1

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

First Revised Sheet No. 428 First Revised Sheet No. 428 : Effective

Superseding: Original Sheet No. 428

 

NORTHERN BORDER PIPELINE COMPANY

SERVICE AGREEMENT

RATE SCHEDULE T-1B

 

 

Article 7 - Applicable Law and Submission to Jurisdiction (Continued)

 

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 8 - 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 in this Article 8 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 obliga-

tions under its Service Agreement unless: (a) such release is effected