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Original Sheet No. 139 Original Sheet No. 139 : Superseded
FORM OF RELEASED TRANSPORTATION SERVICE AGREEMENT (Continued)
agents. Replacement Shipper further agrees that it will hold Transporter harmless for any action
taken by Transporter in reliance upon the nominations, scheduling instructions, or other
communications of the Releasing Shipper or its agents. Replacement Shipper further recognizes and
agrees that Transporter shall have no obligation to honor any nomination or scheduling request
from Replacement Shipper or its agents that in Transporter's sole opinion conflicts with
communications or instructions received by Transporter from the Releasing Shipper (or its agents)
or with the terms of Transporter's Tariff.
ARTICLE VIII - MISCELLANEOUS PROVISIONS
8.1 No waiver by any party of any one or more defaults by the other in the performance of
any provisions 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.
8.2 No liability for any act or omission of Transporter shall be incurred by, or asserted
against, the entities holding a partnership interest in Transporter or against any
owners, subsidiaries or affiliates thereof. Any recourse for any liability of
Transporter shall be against Transporter only.
8.3 The headings of the Articles of this Agreement are inserted for convenience of reference
only and shall not affect the meaning or construction thereof.
8.4 AS TO ALL MATTERS OF CONSTRUCTION AND INTERPRETATION, THIS AGREEMENT SHALL BE
INTERPRETED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICT OF LAWS
8.5 This Agreement, including all provisions expressly incorporated by reference,
constitutes the entire agreement between the parties pertaining to the subject matter
hereof and supersedes all prior agreements, representations and understandings, written
or oral, pertaining thereto. Except as otherwise provided herein, any modifications,
amendments or changes to this Agreement shall be binding upon the parties only if agreed
upon by both parties hereto in a written instrument or by an electronic contract form
which expressly refers to this Agreement.