Questar Overthrust Pipeline Company

Second Revised Volume No. 1-A

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Effective Date: 10/01/2009, Docket: RP09-1029-003, Status: Effective

Substitute Original Sheet No. 212 Substitute Original Sheet No. 212

Superseding: Original Sheet No. 212

 

QUESTLINE ACCESS AGREEMENT

(Continued)

 

into the U.S. mail, postage prepaid; or (c) one business day after deposit

with commercial overnight delivery service, charges prepaid.

 

Questar Pipeline Company __ _

Attn: General Manager, Marketing and Attn: _

Business Development, Mailstop QB501 _

180 East 100 South (84111) _

P. O. Box 45360 _

Salt Lake City, UT 84145-0360 _

 

19. This Agreement shall be governed by and construed in accordance

with the laws of Utah, excluding any choice of law provisions that would

otherwise require application of laws of any other jurisdiction. In the event

it becomes necessary for either Party to enforce its rights under this

Agreement, then with or without litigation, the prevailing Party shall be

entitled to recover all reasonable expenses, including attorney fees and

costs, arising out of the enforcement of its rights.

 

20. The failure of a Party to require the performance of a term or

obligation under this Agreement, or the waiver by a Party of any breach, shall

not prevent subsequent enforcement of such term or obligation or be deemed a

waiver of any subsequent breach under this Agreement. No waiver of any

provision of this Agreement shall be valid unless in writing and signed by the

Party against whom charged.

 

21. Shipper shall not, in whole or in part, assign its rights or

delegate its obligations under this Agreement without the prior written

consent of Overthrust, and any attempt to do so without consent shall be void.

This Agreement shall be binding upon and inure to the benefit of the Parties'

permitted successors and assigns.

 

22. If any provision or part of a provision of this Agreement is held

to be invalid, illegal, or unenforceable in any respect, such invalidity,

illegality, or unenforceability shall not affect any other provision, but this

Agreement shall be construed as if it did not contain such provision. Each

provision shall be deemed enforceable to the fullest extent available under

applicable law.

 

23. This Agreement, together with expressly incorporated documents,

contains the entire agreement between the Parties concerning the subject

matter, and it replaces and supersedes any and all prior or contemporaneous,

oral or written, agreements, understandings, communications, and

representations between the Parties. Any terms or conditions contained in any

confirmation, statement, or other ordering document that differ or vary the

terms of this Agreement are null and void and shall have no effect between the

Parties. This Agreement may not be amended except in writing signed by both

Parties.