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.]