Mogas Pipeline LLC (Fomerly Missouri Interstate Gas)

First Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 06/01/2008, Docket: CP06-407-002, Status: Effective

Original Sheet No. 115 Original Sheet No. 115 : Pending

 

 

MoGas Pipeline LLC

FORM OF RELEASED TRANSPORTATION SERVICE AGREEMENT

Page 2

 

transactions to be executed prior to submission to Transporter)

and, upon such addition, shall be incorporated in and be

considered a part of this Agreement. In the case of prearranged

release transactions, Releasing Shipper shall prepare the Exhibit

R- _____ with all terms set forth therein; and, after execution

by Replacement Shipper, such Exhibit shall be submitted to

Transporter with the Release Request. If consistent with the

tariff and not superseded by a higher third-party or matching

bid, such Exhibit R-_____ will be accepted and incorporated into

this Agreement.

 

ARTICLE III - TERMS AND CONDITIONS

 

This Agreement shall be subject to, governed by, and

shall incorporate the applicable provisions of Transporter's

Tariff, including, without limitation, Section 21 of the General

Terms and Conditions thereof, the governing Rate Schedule, and

the special terms and conditions stated in each Exhibit hereto

with respect to the released transportation rights described in

such Exhibit. Subject to the terms, conditions, and limitations

of this Agreement and Transporter's Tariff, Replacement Shipper

shall be deemed a Shipper for purposes of the governing Rate

Schedule and the applicable provisions of Transporter's Tariff

and shall be subject to all obligations thereof.

 

ARTICLE IV - TERM

 

This Agreement shall become effective on the date first

written above and shall remain in force and effect until

terminated by either Party upon thirty days prior written notice

to the other party; provided however, no such termination may

take effect during the term of any release of transportation

rights to Replacement Shipper hereunder.

 

ARTICLE V - SUCCESSORS AND ASSIGNS

 

5.1 Either Party may assign or pledge this Agreement and all

rights and obligations hereunder under the provisions of any

mortgage, deed of trust, indenture, or other instrument that it

has executed or may execute hereafter as security for

indebtedness; otherwise, Shipper shall not assign this Agreement

or any of its rights and obligations hereunder.

 

5.2 Any person or entity that shall succeed by purchase,

transfer, merger, or consolidation to the properties,

substantially or as an entirety, of either Party hereto shall be

entitled to the rights and shall be subject to the obligations of

its predecessor in interest under this Agreement.

 

ARTICLE VI - REPLACEMENT SHIPPER'S INDEMNIFICATION

 

Replacement Shipper recognizes that its rights to

transportation service hereunder are solely those rights released

by Releasing Shipper(s). The Replacement Shipper agrees that it

will indemnify Transporter against any claim or suit of any kind

by any Releasing Shipper, its successor or assigns arising from

any action taken by Transporter in reliance upon the nominations,

scheduling instructions or other communications from Replacement

Shipper or its agents. Replacement Shipper further