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Original Sheet No. 94 Original Sheet No. 94 : Superseded

 

 

 

 

GAS TRANSPORTATION AGREEMENT (Continued)

 

 

13.1 Shipper warrants that all upstream and downstream transportation arrangements are in

place, or will be in place, as of the requested effective date of service, and that it

has advised the upstream and downstream transporters of the receipt and delivery points

under this Agreement and any quantity limitations for each point as specified on

Exhibit(s) __________ attached hereto. Shipper agrees to indemnify and hold Transporter

harmless for refusal to transport gas hereunder in the event any upstream or downstream

transporter fails to receive or deliver gas as contemplated by this Agreement.

 

13.2 If transportation hereunder is pursuant to Subpart B of Part 284 of the FERC's

Regulations, Shipper warrants that the service provided hereunder is on behalf of an

intrastate pipeline or a local distribution company within the meaning of Section

311(a)(1) of the Natural Gas Policy Act of 1978. If transportation hereunder is

pursuant to Subpart G, Section 284.222 of the Commission's Regulations, Shipper warrants

that the service provided hereunder is on behalf of an interstate pipeline company.

 

13.3 If a party is acting as an agent hereunder, such party warrants that it is authorized to

act for its principals in arranging the transportation service provided for herein.

 

13.4 Shipper agrees to indemnify and hold Transporter harmless from all suits, actions,

debts, accounts, damages, costs, losses and expenses (including reasonable attorneys

fees) arising from or out of breach of any warranty, express or implied, by the Shipper

herein.

 

13.5 Shipper warrants that it will have title or the right to acquire title to the gas

delivered to Transporter under this Agreement.

 

13.6 Transporter shall not be obligated to provide or continue service hereunder in the event

of any breach of warranty; provided, Transporter shall give Shipper and the FERC fifteen

days notice prior to any termination of service. Service will continue if within the

fifteen day notice period Shipper cures the breach of warranty.

 

 

ARTICLE XIV - MISCELLANEOUS

 

14.1 No modification of or supplement to the terms and provisions hereof shall be or become

effective, except by the execution of supplementary written consent.

 

14.2 No waiver by any Party of any one or more defaults by the other in the performance of

any provision of this Agreement shall operate or be construed as a waiver of any future

default or defaults, whether of a like or of a different character.