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Original Sheet No. 93 Original Sheet No. 93 : Superseded

 

 

 

GAS TRANSPORTATION AGREEMENT (Continued)

 

 

ARTICLE XI - REGULATION

 

11.1 This Agreement shall be subject to all applicable governmental statutes, orders, rules

and regulations and is contingent upon the receipt and continuation of all necessary

regulatory approvals or authorizations upon terms acceptable to Transporter. This

Agreement shall be void and of no force and effect if any necessary regulatory approval

or authorization is not so obtained or continued. All parties hereto shall cooperate to

obtain or continue all necessary approvals or authorizations, but no party shall be

liable to any other party for failure to obtain or continue such approvals or

authorizations. Further, if any governmental body having jurisdiction over the service

provided for herein authorizes abandonment of such service on a date other than the

Termination Date as defined in Section 10.1 herein, then the Termination Date shall

nevertheless be the abandonment date so authorized.

 

11.2 Promptly following the execution of this Agreement, the Parties will file, or cause to

be filed, and diligently prosecute, any necessary applications or notices with all

necessary regulatory bodies for approval of the service provided for herein.

 

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 6 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 Article IX of the General Terms and Conditions of

Transporter's FERC Gas Tariff, Shipper warrants the following: