Viking Gas Transmission Company
First Revised Volume No. 1
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Effective Date: 08/01/2009, Docket: RP09-807-000, Status: Effective
Third Revised Sheet No. 138 Third Revised Sheet No. 138
Superseding: Second Revised Sheet No. 138
FORM OF RELEASED TRANSPORTATION AGREEMENT
ARTICLE V - SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto
and their respective successors and assigns. No assignment or transfer by either party of
any of its rights hereunder, except for transfers pursuant to the release program set forth
in Company's Tariff, shall be made without the prior written consent of the other party.
Such consent shall not be unreasonably withheld. No such consent of Company or Replacement
Shipper shall be required when an assignment by Replacement Shipper or Company is the
result of, and part of, a corporate acquisition, merger or reorganization. Nothing
contained herein shall prevent either party from pledging, mortgaging or assigning its
rights hereunder as security for its indebtedness and either party may assign to the
pledgee or mortgagee (or to a trustee for the holder of such indebtedness) any money due or
to become due under this Agreement. As between the parties hereto, such assignment shall
become effective on the first day of the month following written notice that such
assignment has been effectuated. Upon request of either party, the other party shall
acknowledge in writing any permitted assignment described herein and the right of any
permitted assignee (and any assignee upon enforcement of any assignment made as security
for indebtedness) to enforce this Agreement against such other party, and shall also
deliver such certificates, copies of corporate documents and opinions of counsel as may be
reasonably requested by such permitted assignee relating to such party, this Agreement and
any other matters relevant thereto. No permitted assignment shall relieve the assigning
party from any of its obligations under this Agreement. Replacement Shipper hereby
confirms that the rights of Company under this Agreement that may be assigned include any
right given or reserved to Company in the Agreement to consent to any assignment or
transfer by Replacement Shipper of its rights and obligations thereunder.
ARTICLE VI - GOVERNMENTAL BODIES
Notwithstanding any other provision hereof, this Agreement shall be subject to all
laws, statutes, ordinances, regulations, rules and court decisions of governmental entities
now or hereafter having jurisdiction.
ARTICLE VII - REPLACEMENT SHIPPER'S INDEMNIFICATION
Replacement Shipper recognizes that its rights to transportation service hereunder are
solely those rights released by Releasing Shippers. The Replacement Shipper agrees that it
will indemnify Company against any claim or suit of any kind by any Releasing Shipper, its
successor or assigns arising from any action taken by Company in reliance upon the
nominations, scheduling instructions or other communications from Replacement Shipper or its
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