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.