Ngo Transmission, Inc.

Original Volume No. 1

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Effective Date: 11/22/2003, Docket: RP04- 67-000, Status: Effective

Original Sheet No. 101 Original Sheet No. 101 : Effective

 

(j) Except in case of permanent assignment, Transporter shall

accept nominations, schedule service, afford priority of

service, and curtail service based on instructions and

communications from the Releasing Shipper and the

Replacement Shipper that are consistent with one another and

with the terms and conditions of this Tariff and their

respective service agreements. If instructions or

nominations from the Releasing Shipper and Replacement

Shipper are inconsistent or conflicting, and if Transporter

is unable to resolve the conflict prior to the time that it

must take the required action, Transporter shall comply with

the instructions of the Releasing Shipper; provided,

however, that such instructions must not be inconsistent

with this Tariff. The Releasing Shipper will indemnify

Transporter against any claim or suit by the Replacement

Shipper, its successors or assigns, arising from any action

taken by Transporter in reliance upon the Releasing

Shipper's nominations and instructions and will hold

Transporter harmless for any action taken by Transporter in

reliance upon the nominations and scheduling instructions of

the Replacement Shipper. The Replacement Shipper will

indemnify Transporter against any claim or suit by the

Releasing Shipper, its successors or assigns, arising from

any action taken by Transporter in reliance upon the

nominations and scheduling instructions of the Replacement

Shipper and will hold Transporter harmless for any actions

taken by Transporter in reliance upon the instructions of

the Releasing Shipper.

 

(k) To the extent available capacity exists, Replacement

Shippers may designate additional primary points and use

secondary points. Except in the case of a permanent

assignment, Replacement Shippers may not otherwise alter the

underlying service agreement without the consent of the

Releasing Shipper.

 

(l) All service rights released hereunder shall be scheduled and

curtailed as firm service under Section 9 of these General

Terms and Conditions. Interruption or curtailment of such

released service shall be in accordance with interruption or

curtailment of firm service under this Tariff and as

prescribed by the terms of the release.