Empire Pipeline, Inc.
Original Volume No. 1
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Effective Date: 12/10/2008, Docket: CP06-5-010, Status: Effective
Original Sheet No. 306 Original Sheet No. 306
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 STATE OF NEW YORK, WITHOUT RECOURSE TO THE
LAW REGARDING THE CONFLICT OF LAWS.
10. The Parties' obligations hereunder are not subject to the
availability of transportation services upstream and downstream of
Transporter's system. Shipper assumes all responsibility for the
arrangement of any such upstream and downstream service.