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. 828 Third Revised Sheet No. 828
Superseding: Second Revised Sheet No. 828
FORM OF SERVICE AGREEMENT
ARTICLE VII (Cont'd.)
5. Transporter shall proceed with due diligence to obtain such
governmental and other regulatory authorizations as may be required for the
rendition of the services contemplated herein, provided that Transporter
reserves the right to file and prosecute applications for such
authorizations, any supplements or amendments thereto and, if necessary, any
court review, in such manner as it deems to be in its best interest,
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.- 11.] [If service is provided under Subpart 284B of the
Commission's Regulations, a reference thereto would be inserted here.]
[The following language may be inserted, if applicable:
This agreement supersedes, cancels and terminates as of the
effective date hereof the following agreements: _________]