Northern Border Pipeline Company
First Revised Volume No. 1
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Effective Date: 04/01/2004, Docket: RP04-205-000, Status: Effective
Original Sheet No. 471 Original Sheet No. 471 : Effective
NORTHERN BORDER PIPELINE COMPANY
THIRD PARTY BALANCING SERVICE AGREEMENT
RATE SCHEDULE TPB
Article 6 - Term of Agreement (Continued)
Termination of this Agreement shall not relieve Company and Balancing
Provider of the obligation to correct any Imbalances hereunder, or
Balancing Provider to pay money due hereunder to Company and shall be in
addition to any other remedies that Company may have.
Article 7 - Applicable Law and Submission to Jurisdiction
This Agreement and Company's Tariff, and the rights and obligations of
Company and Balancing Provider 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 Agreement shall be governed by and interpreted in accordance with
the laws of the State of Nebraska. For purposes of legal proceedings,
this Agreement shall be deemed to have been made in the State of
Nebraska and performed there, and the Courts of that State shall have
jurisdiction over all disputes which may arise under this Agreement,
provided always that nothing herein contained shall prevent Company from
proceeding at its election against Balancing Provider in the Courts of
any other State, Province or country.
At the Company's request, the Balancing Provider 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 Agreement. Such service shall be deemed
completed on delivery to such process agent (even if not forwarded to
and received by the Balancing Provider.) If said agent ceases to act as
a process agent within Nebraska on behalf of Balancing Provider, the
Balancing Provider 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.