Viking Gas Transmission Company

Original Volume No. 1

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Effective Date: 06/01/1991, Docket: GT91- 25-000, Status: Effective

First Revised Sheet No. 145 First Revised Sheet No. 145 : Superseded

Superseding: Original Sheet No. 145

 

 

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 thirty

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

thirty 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.

 

14.3 Except as otherwise provided herein, in the applicable Rate Schedule(s), or in the

General Terms and Conditions applicable to this Agreement, any notice, request, demand,

statement, or bill provided for in this Agreement or any notice which either Party may

desire to give to the other shall be in writing and mailed by registered mail to the post

office address of the party intended to receive the same, as the case may be, as follows: