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Original Sheet No. 139 Original Sheet No. 139 : Superseded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

PROVISIONS.

 

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.