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Original Sheet No. 93 Original Sheet No. 93 : Superseded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