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Original Sheet No. 52 Original Sheet No. 52 : Superseded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.