National Fuel Gas Supply Corporation

Fourth Revised Volume No. 1

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Effective Date: 10/25/2009, Docket: RP09-1072-000, Status: Effective

Third Revised Sheet No. 802 Third Revised Sheet No. 802

Superseding: Sub. Second Revised Sheet No. 802

 

FORM OF SERVICE AGREEMENT

(FST Service)

 

ARTICLE VII (Cont'd.)

 

including the right to withdraw the application or to file pleadings and

motions (including motions for dismissal).

 

6. This Agreement and the respective obligations of the parties

hereunder are subject to all present and future valid laws, orders, rules and

regulations of constituted authorities having jurisdiction over the parties,

their functions or gas supply, this Agreement or any provision hereof.

Neither party shall be held in default for failure to perform hereunder if

such failure is due to compliance with laws, orders, rules or regulations of

any such duly constituted authorities.

 

7. The subject headings of the articles of this Agreement are

inserted for the purpose of convenient reference and are not intended to be a

part of the Agreement nor considered in any interpretation of the same.

 

8. No presumption shall operate in favor of or against either party

hereto as a result of any responsibility either party may have had for

drafting this Agreement.

 

9. THE INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT SHALL BE IN

ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, WITHOUT

RECOURSE TO THE LAW REGARDING THE CONFLICT OF LAWS.

 

[10. - 13.] [If service is provided under Subpart 284B of the

Commission's Regulations, a reference thereto would be inserted here.]

 

[Where Transporter and Shipper agree that their service agreement

will be subject to the provisions of Section 11 of the General Terms and

Conditions, the following provision will be inserted:

 

Transporter and Shipper agree that this Agreement shall be

treated as a Qualifying Agreement for purposes of Section 11 of

the General Terms and Conditions.]

 

[include any restrictions on shipper's right of first

refusal here]

 

[In the case of a service agreement that is not a Qualifying

Agreement under Section 11.1 of the General Terms and Conditions by virtue of

Section 26.5 or Section 36 thereof, the following provision will be inserted:

 

Transporter and Shipper agree that this Agreement shall not be

treated as a Qualifying Agreement for purposes of Section 11 of

the General Terms and Conditions.]