Viking Gas Transmission Company

First Revised Volume No. 1

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Effective Date: 08/01/2009, Docket: RP09-807-000, Status: Effective

Fifth Revised Sheet No. 93 Fifth Revised Sheet No. 93

Superseding: Fourth Revised Sheet No. 93

 

FIRM TRANSPORTATION AGREEMENT

Rate Schedule FT-A

 

 

ARTICLE XI - REGULATION

 

11.1 This Agreement shall be subject to all applicable governmental statutes, orders,

rules and regulations and is contingent upon the receipt and continuation of all

necessary regulatory approvals or authorizations upon terms acceptable to Company.

This Agreement shall be void and of no force and effect if any necessary regulatory

approval or authorization is not so obtained or continued. All parties hereto shall

cooperate to obtain or continue all necessary approvals or authorizations, but no

party shall be liable to any other party for failure to obtain or continue such

approvals or authorizations. Further, if any governmental body having jurisdiction

over the service provided for herein authorizes abandonment of such service on a date

other than the Termination Date as defined in Section 10.1 herein, then the

Termination Date shall nevertheless be the abandonment date so authorized.

 

11.2 Promptly following the execution of this Agreement, the Parties will file, or cause

to be filed, and diligently prosecute, any necessary applications or notices with all

necessary regulatory bodies for approval of the service provided for herein.

 

11.3 In the event the Parties are unable to obtain all necessary and satisfactory

regulatory approvals for service prior to the expiration of two (2) years from the

effective date hereof, then, prior to receipt of such regulatory approvals, either

party may terminate this Agreement by giving the other Party at least thirty (30)

days prior written notice, and the respective obligations hereunder, except for the

provisions of Article VI herein, shall be of no force and effect from and after the

effective date of such termination.

 

ARTICLE XII - ASSIGNMENTS

 

12.1 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 which 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.

 

12.2 Any person or entity which 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 XIII - WARRANTIES

 

In addition to the warranties set forth in Section 9 of the General Terms and Conditions of

Company's FERC Gas Tariff, Shipper warrants the following:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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