Portland Natural Gas Transmission System

Second Revised Volume No. 1

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Effective Date: 08/01/2010, Docket: RP10-885-000, Status: Effective

Original Sheet No. 584 Original Sheet No. 584

 

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 willful 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 such 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 of any

of its Rate Schedules, or the General Terms and Conditions, as Transporter may

deem necessary, and to make such changes effective at such times as

Transporter desires and is possible under applicable law.