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Original Sheet No.205 Original Sheet No.205 : Superseded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.