White River Hub, LLC

Original Volume No. 1

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Effective Date: 04/28/2009, Docket: RP09-471-000, Status: Effective

First Revised Sheet No. 208 First Revised Sheet No. 208

Superseding: Original Sheet No. 208

 

FORM OF FIRM RESIDUE GAS SERVICE AGREEMENT

Rate Schedule RGS

(continued)

 

6. Termination. This Agency Appointment Agreement may be terminated by

either GSA or Gas Processing Customer, without cause, in whole or part as to

any transportation service agreement, by providing White River and the other

party written notice of its intention to terminate this Agency Appointment

Agreement. Unless otherwise mutually agreed, such termination shall become

effective the first day of the following month provided the notice is received

by White River no later than noon, four business days prior to the first day

of that month; otherwise, such termination shall become effective the first

day of the subsequent month. Such notice shall be deemed to apply to all

transportation service agreements unless expressly provided otherwise.

Notwithstanding the foregoing, this designation and appointment of GSA as

agent for Gas Processing Customer with respect to one or more of the

transportation service agreements shall automatically terminate upon

termination or cancellation of the referenced agreement(s), as applicable, or

upon the effective date of an agency agreement designating or appointing a

substitute party as agent for the agreement(s).

 

7. Responsibilities Upon Termination. Upon termination of this Agency

Appointment Agreement, Gas Processing Customer shall be responsible for making

its own arrangements for capacity on White River for the transportation of its

Residue Gas, and such gas shall no longer be nominated by the GSA for

transportation under the transportation service agreement(s). In the event

that this Agency Appointment Agreement is terminated any outstanding payments

due by GSA for charges, cashouts or penalties incurred by GSA on behalf of Gas

Processing Customer as a result of GSA's responsibilities hereunder shall be

due and payable by GSA directly to White River.

 

8. Indemnification. White River shall be entitled to rely on the GSA's

actions undertaken for Gas Processing Customer's account with respect to the

transportation service agreement(s). Gas Processing Customer agrees to

indemnify, defend and hold harmless GSA from any and all liabilities, losses,

damages, expenses, claims, actions and fines of whatever nature (including,

but not limited to, attorneys' fees and court costs incurred by GSA from White

River, whether related to the collection of any amounts due under the

Agreement(s) or otherwise) resulting from White River's reliance on GSA,

including, but not limited to, actions taken by White River pursuant to GSA's

action or inaction under the transportation service agreement(s).