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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