Mogas Pipeline LLC (Fomerly Missouri Interstate Gas)

First Revised Volume No. 1

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

Original Sheet No. 116 Original Sheet No. 116 : Pending

 

 

MoGas Pipeline LLC

FORM OF RELEASED TRANSPORTATION SERVICE AGREEMENT

Page 3

 

agrees that it will hold Transporter harmless for any action

taken by Transporter in reliance upon the nominations, scheduling

instructions or other communications of the Releasing Shipper or

its agents. Replacement Shipper further recognizes and agrees

that Transporter shall have no obligation to honor any nomination

or scheduling request from Replacement Shipper or its agents that

in Transporter's sole opinion conflicts with communications or

instructions received by Transporter from the Releasing Shipper

(or its agents) which is the source of the released

transportation rights sought to be utilized by Replacement

Shipper hereunder.

 

ARTICLE VII - MISCELLANEOUS PROVISIONS

 

7.1 No waiver by any party of any one or more defaults by

the other in the performance of any provisions of this Agreement

shall operate or be construed as a waiver of any future default

or defaults, whether of a like or of a different character.

 

7.2 The headings of the articles of this Agreement are

inserted for convenience of reference only and shall not affect

the meaning or construction thereof.

 

7.3 The interpretation and performance of this agreement

shall be in accordance with and controlled by the laws of the

State of Missouri, without regard to choice of law doctrine that

refers to the laws of another jurisdiction.

 

7.4 This Agreement, including all provisions expressly

incorporated by reference, constitutes the entire agreement

between the parties pertaining to the subject matter hereof and

supersedes all prior agreements, representations, and

understandings, written or oral, pertaining thereto. Except as

otherwise provided herein, any modifications, amendments or

changes to this Agreement shall be binding upon the parties only

if agreed upon in a written instrument executed by both Parties

which expressly refers to this Agreement.

 

7.5 Except for changes specifically authorized pursuant to

this Agreement, no modification of or supplement to the terms and

conditions hereof shall be or become effective until Shipper has

submitted a request for change to Transporter and Shipper has

been notified by Transporter of Transporter's agreement to such

change.

 

IN WITNESS WHEREOF, the Parties have executed this

Agreement as of the day and year first set forth above.

 

MoGas Pipeline LLC

(Transporter)

By: _____________________________

Name: _____________________________

Title: _____________________________

 

Replacement Shipper

By: _____________________________

Name: _____________________________

Title: _____________________________ Effective Date:_________________