Scg Pipeline Inc.
Original Volume No. 1
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Effective Date: 11/01/2003, Docket: RP03-611-000, Status: Effective
Original Sheet No.205 Original Sheet No.205 : Superseded
FORM OF SERVICE AGREEMENT
FOR RATE SCHEDULE FT
(continued)
ARTICLE VI
ASSIGNMENTS
6.1 Any entity which succeeds by purchase, merger, or consolidation to the
properties, substantially as an entirety, of Shipper or of Pipeline will be
entitled to the rights and will be subject to the obligations of its
predecessor in title under this Service Agreement. Either Shipper or Pipeline
may assign or pledge this Service Agreement under the provisions of any
mortgage, deed of trust, indenture, bank credit agreement, receivable sale, or
similar instrument which it has executed or may execute hereafter, without
relieving itself of its obligations under this Service Agreement. Except as
set forth above, neither Shipper nor Pipeline shall assign this Service
Agreement or any of its rights hereunder without the prior written consent of
the other party; provided, however, that neither Shipper nor Pipeline shall be
released from its obligations hereunder without the consent of the other. In
addition, Shipper may assign its rights to capacity pursuant to GT&Cs Section
11.
ARTICLE VII
NONRECOURSE OBLIGATION
OF PIPELINE’S PARENTS AND OTHER AFFILIATES
7.1 Shipper acknowledges and agrees that: (a) Shipper shall have no recourse
against the Pipeline’s parent and other affiliates with respect to Pipeline's
obligations under this Service Agreement and that its sole recourse shall be
against the assets and revenues of Pipeline, irrespective of any failure to
comply with applicable law of any provision of this Service Agreement; (b) no
claim shall be made against the Pipeline’s parent and other affiliates under
or in connection with this Service Agreement; and (c) this representation is
made expressly for the benefit of the Pipeline’s parent and other affiliates.
7.2 The parties hereto agree that neither party shall be liable to
the other party for any special, indirect, or consequential damages
(including, without limitation, loss of profits or business interruptions)
arising out of or in any manner related to this Agreement.