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

(FT 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 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.