Viking Gas Transmission Company
Original Volume No. 1
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Effective Date: 11/01/1993, Docket: RS92- 52-001, Status: Effective
Original Sheet No. 52 Original Sheet No. 52 : Superseded
GENERAL TERMS AND CONDITIONS (Continued)
8. Delegation Rights - A Shipper may delegate, for a term of one or more calendar months
starting on the first day of a month, to a third party responsibility for submitting and
receiving notices, making nominations, or performing other administrative duties under
any Transportation Agreement under Rate Schedules FT-A or FT-GS or any operational
balancing agreement, subject to the following conditions:
(a) Shipper must designate in writing the third party to whom it is delegating its
responsibilities at least three business days prior to the requested effective
date. Any changes to the designation must be submitted in writing to (i)
Transporter and (ii) OBA operators at the receipt and delivery points through which
the delegated transportation service is received three business days prior to the
effective date of the requested change. Shipper's representative shall have all
rights and obligations under the Transportation Agreement for the receipt and
delivery points so delegated, except that Shipper's representative cannot change
the Primary Receipt Points or Primary Delivery Points or otherwise amend the
Transportation Agreement. The invoice for all activity during the month will be
presented to Shipper in accordance with these General Terms and Conditions.
(b) Transporter may rely on communications and actions of Shipper's designated
representative for all purposes. Communications with, and actions by, the
designated representative shall be deemed communications with or actions by
Shipper. Shipper shall indemnify and hold Transporter harmless from suits,
actions, costs, losses and expenses (including, without limitation, attorney's
fees) arising from claims associated with Transporter's reliance on the
communications and actions of Shipper's designated representative, except to the
extent attributable to the negligence or misfeasance of Transporter. If Shipper's
representative fails to meet its obligations under the Transportation Agreement,
then, without Transporter being obligated to proceed against such representative,
Shipper shall be liable for all obligations under the Transportation Agreement.
(c) A third party may administer and aggregate rights under multiple Transportation
Agreements as the designated representative for one or more Shippers; provided
however, that such representative (1) shall separately administer and account for
each such Transportation Agreement, including without limitation submitting
nominations and calculating any imbalances and (2) shall utilize such
Transportation Agreement for the transportation of gas for only those Shippers that
have delegated the rights and obligations under their Transportation Agreement.