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

(ISS Service)

 

 

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: _________]