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