Viking Gas Transmission Company
First Revised Volume No. 1
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Effective Date: 10/15/2009, Docket: RP09-1045-000, Status: Effective
Fourth Revised Sheet No. 103 Fourth Revised Sheet No. 103
Superseding: Third Revised Sheet No. 103
INTERRUPTIBLE TRANSPORTATION AGREEMENT
Rate Schedule IT
ARTICLE XI - REGULATION
(Continued)
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:
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.
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