Viking Gas Transmission Company

First Revised Volume No. 1

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

Sixth Revised Sheet No. 94 Sixth Revised Sheet No. 94

Superseding: Fifth Revised Sheet No. 94

 

FIRM TRANSPORTATION AGREEMENT

Rate Schedule FT-A

 

 

ARTICLE XIII - WARRANTIES

(Continued)

 

13.1 Shipper warrants that all upstream and downstream transportation arrangements are in

place, or will be in place, as of the requested effective date of service, and that

it has advised the upstream and downstream transporters of the receipt and delivery

points under this Agreement and any quantity limitations for each point as specified

on Exhibit(s) __________ attached hereto. Shipper agrees to indemnify and hold

Company harmless for refusal to transport gas hereunder in the event any upstream or

downstream transporter fails to receive or deliver gas as contemplated by this

Agreement.

 

13.2 If transportation hereunder is pursuant to Subpart B of Part 284 of the FERC's

Regulations, Shipper warrants that the service provided hereunder is on behalf of an

intrastate pipeline or a local distribution company within the meaning of

Section 311(a)(1) of the Natural Gas Policy Act of 1978. If transportation hereunder

is pursuant to Subpart G, Section 284.222 of the Commission's Regulations, Shipper

warrants that the service provided hereunder is on behalf of an interstate pipeline

company.

 

13.3 If a party is acting as an agent hereunder, such party warrants that it is authorized

to act for its principals in arranging the transportation service provided for

herein.

 

13.4 Shipper agrees to indemnify and hold Company harmless from all suits, actions, debts,

accounts, damages, costs, losses and expenses (including reasonable attorneys fees)

arising from or out of breach of any warranty, express or implied, by the Shipper

herein.

 

13.5 Shipper warrants that it will have title or the right to acquire title to the gas

delivered to Company under this Agreement.

 

13.6 Company shall not be obligated to provide or continue service hereunder in the event

of any breach of warranty; provided, Company shall give Shipper and the FERC fifteen

(15) days notice prior to any termination of service. Service will continue if

within the fifteen (15) day notice period Shipper cures the breach of warranty.

 

ARTICLE XIV - ADDITIONAL REPRESENTATIONS AND WARRANTIES

 

14.1 The Shipper hereby represents and warrants that (i) it has all requisite corporate

power and authority, or other authority as applicable, to execute and perform this

Agreement, (ii) the execution, delivery and performance of this Agreement have been

duly authorized by all necessary corporate action, or other action as applicable,

(iii) this Agreement constitutes the legal, valid and binding obligations of the

Shipper enforceable against the Shipper pursuant to its terms except as

enforceability may be limited by bankruptcy, insolvency and other similar laws

affecting the enforceability of creditors' rights generally and by general principles

of equity, and (iv) all government approvals necessary for the execution, delivery

and performance by the Shipper of its obligations under this Agreement have been

obtained and are in full force and effect.

 

 

 

 

 

 

 

 

 

 

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