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Original Sheet No.245 Original Sheet No.245 : Superseded
FORM OF SERVICE AGREEMENT FOR
CAPACITY RELEASE UMBRELLA AGREEMENT UNDER
RATE SCHEDULES FT
(continued)
ARTICLE VI
RELATIONSHIP BETWEEN REPLACEMENT SHIPPER
AND RELEASING SHIPPER
6.1 The parties recognize that, pursuant to Commission orders, Releasing
Shipper may require that the Replacement Shipper agree that a breach of this
Agreement, including a failure to pay, or to pay timely, by Replacement
Shipper under this Agreement, constitutes a breach of contract as between
Replacement Shipper and Releasing Shipper. The existence of such an agreement
will be indicated on the appropriate Addendum to this Capacity Release
Umbrella Agreement. If Replacement Shipper fails to pay Pipeline, fails to
timely pay Pipeline, or otherwise breaches this Agreement with Pipeline: (a)
both Replacement Shipper and Releasing Shipper (except to the extent otherwise
provided in GT&Cs Section 11 and except with respect to penalties attributable
to Replacement Shipper's conduct) shall be liable to Pipeline for such failure
to pay or breach (it being understood that nothing in this Article VI relieves
Releasing Shipper from responsibility to pay Pipeline in accordance with its
Service Agreements with Pipeline) and (b) if, as a result of such breach by
Replacement Shipper, Releasing Shipper is accordingly required to pay Pipeline
or otherwise perform, Releasing Shipper may have a cause of action for breach
against Replacement Shipper.
IN WITNESS WHEREOF, the Parties hereto have caused this Umbrella Service
Agreement to be signed by their respective Presidents, Vice Presidents or
other duly authorized agents and their respective corporate seals to be hereto
affixed and attested by their respective Secretaries or Assistant Secretaries,
the day and year first above written.
SCG Pipeline, Inc.
By ___________________________________
WITNESS:
_______________________________________,
By _____________________________________
WITNESS:
_____________________________________