Viking Gas Transmission Company

First Revised Volume No. 1

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Effective Date: 10/15/2009, Docket: RP09-1045-000, Status: Effective

Third Revised Sheet No. 132B Third Revised Sheet No. 132B

Superseding: Second Revised Sheet No. 132B

 

VIKING GAS TRANSMISSION COMPANY

PARK AND LOAN ("PAL") AGREEMENT

 

 

Article 7 - Term

 

Where no Exhibit(s) A has been executed by Company and attached hereto within five years of

the date of execution of this Agreement then this Agreement shall automatically terminate.

Where one or more Exhibit(s) A have been executed by Company and attached hereto, then this

Agreement shall automatically terminate five years after the latest Termination of Service

Date on such Exhibit(s) A.

 

Termination of this Agreement shall not relieve Buyer of the obligation to pay money due

hereunder to Company and shall be in addition to any other remedies that Company may have.

 

Article 8 - Applicable Law and Submission to Jurisdiction

 

This Agreement and Company's Tariff, and the rights and obligations of Company and Buyer

thereunder are subject to all relevant and United States lawful statutes, rules,

regulations and orders of duly constituted authorities having jurisdiction. Subject to the

foregoing, this Agreement shall be governed by and interpreted in accordance with the laws

of the State of Oklahoma. For purposes of legal proceedings, this Agreement shall be

deemed to have been made in the State of Oklahoma and performed there, and the Courts of

that State shall have jurisdiction over all disputes which may arise under this Agreement,

provided always that nothing herein contained shall prevent Company from proceeding at its

election against Buyer in the Courts of any other State, Province or Country.

 

At the Company's request, the Buyer shall irrevocably appoint an agent in Oklahoma to

receive, for it and on its behalf, service of process in connection with any judicial

proceeding in Oklahoma relating to the Agreement. Such service shall be deemed completed

on delivery to such process agent (even if not forwarded to and received by the Buyer.) If

said agent ceases to act as a process agent within Oklahoma on behalf of Buyer, the Buyer

shall appoint a substitute process agent within Oklahoma and deliver to the Company a copy

of the new agent's acceptance of that appointment within 30 days.

 

Article 9 - Successors

 

Any person which shall succeed by purchase, amalgamation, merger or consolidation to the

properties, substantially as an entirety, of Buyer or of Company, as the case may be, and

which shall assume all obligations under Buyer's Agreement of Buyer or Company, as the case

may be, shall be entitled to the rights, and shall be subject to the obligations, of its

predecessor under Buyer's Agreement. Either party to a Buyer's Agreement may pledge or

charge the same under provisions of any mortgage, deed of trust, indenture, security

agreement or similar instrument which it has executed, or assign such Agreement to any

affiliated Person (which for such purpose shall mean any person which controls, is under

common control with or is controlled by such party). Nothing contained in this Article 9

shall, however, operate to release predecessor Buyer from its obligation under its

Agreement unless Company shall, in its sole discretion, consent in writing to such release.

Company shall not release any Buyer from its obligations under its Agreement unless: (a)

such release is effected pursuant to an assignment of obligations by such Buyer, and the

assumption thereof by the assignee, and the terms of such assignment and assumption render

the obligations being assigned and assumed no more conditional and no less absolute than

those at the time provided therein; and (b) such release is not likely to have a

substantial adverse effect upon Company. Buyer shall, at Company's request, execute such

instrument and take such other action as may be desirable to give effect to any such

assignment of Company's rights under such Buyer's Agreement or to give effect to the right

 

 

 

 

 

 

 

 

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