Portland Natural Gas Transmission System

Second Revised Volume No. 1

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Effective Date: 09/01/2006, Docket: RP06-449-000, Status: Effective

Original Sheet No. 575 Original Sheet No. 575 : Effective

 

ARTICLE VIII - NONRECOURSE OBLIGATION OF PARTNERSHIP AND OPERATOR

 

Shipper acknowledges and agrees that: (a) Transporter is a Maine general

partnership; (b) Shipper shall have no recourse against any partner in

Transporter with respect to Transporter's obligations under this Contract and

that its sole recourse shall be against the partnership assets, irrespective

of any failure to comply with applicable law or any provision of this

Contract; (c) no claim shall be made against any partner under or in

connection with this Contract; (d) Shipper shall have no right of subrogation

to any claim of Transporter for any capital contributions from any partner to

Transporter; (e) no claims shall be made against the Operator, its officers,

employees, and agents, under or in connection with this Contract and the

performance of Operator's duties as Operator (provided that this shall not bar

claims resulting from the gross negligence or wilful misconduct of Operator,

its officers, employees or agents) and Shipper shall provide Operator with a

waiver of subrogation of Shipper's insurance company for all claims; and (f)

this representation is made expressly for the benefit of the partners in

Transporter and Operator.

 

ARTICLE IX - LAW OF CONTRACT

 

Notwithstanding conflict-of-laws rules, the interpretation and performance of

this Contract shall be in accordance with and controlled by the laws of the

State of Maine.

 

ARTICLE X - CHANGE IN TARIFF PROVISIONS

 

Shipper agrees that Transporter shall have the unilateral right to file with

the Federal Energy Regulatory Commission or any successor regulatory authority

any changes in any of the provisions of its Tariff, including any of its Rate

Schedules, or the General Terms and Conditions, as Transporter may deem

necessary, and to make such changes effective at such time as Transporter

desires and is possible under applicable law.

 

ARTICLE XI - MISCELLANEOUS

 

This Contract, including the Tariff and Rate Schedule HRS, reflects the whole

and entire agreement among the Parties with respect to the subject matter

hereof and supersedes all prior agreements and understandings among the

Parties with respect to the subject matter hereof.

 

 

IN WITHNESS WHEREOF, the parties hereto have caused this Contract to be duly

executed in several counterparts by their proper officers thereunto duly

authorized, as of the date first hereinabove written.