T.W. Phillips Pipeline Corp.

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 01/01/2010, Docket: RP10-141-000, Status: Effective

Original Sheet No. 114 Original Sheet No. 114

 

T. W. PHILLIPS PIPELINE CORP.

FORM OF CAPACITY RELEASE TRANSPORTATION SERVICE AGREEMENT

 

ARTICLE IV – TERM

 

This Agreement shall become effective on the date first written above and shall remain in

force and effect until terminated by either Party upon thirty days prior written notice to the

other party; provided however, no such termination may take effect during the term of any release

of transportation rights to Replacement Shipper hereunder.

 

ARTICLE V – SUCCESSORS AND ASSIGNS

 

5.1. Either Party may assign or pledge this Agreement and all rights and obligations hereunder

under the provisions of any mortgage, deed of trust, indenture, or other instrument that

it has executed or may execute hereafter as security for indebtedness; otherwise, Shipper

shall not assign this Agreement or any of its rights and obligations hereunder.

 

5.2. Any person or entity that shall succeed by purchase, transfer, merger, or consolidation

to the properties, substantially or as an entirety, of either Party hereto shall be

entitled to the rights and shall be subject to the obligations of its predecessor in

interest under this Agreement.

 

ARTICLE VI – REPLACEMENT SHIPPER’S INDEMNIFICATION

 

Replacement Shipper recognizes that its rights to transportation service hereunder are

solely those rights released by Releasing Shipper(s). The Replacement Shipper agrees that it

will indemnify Transporter against any claim or suite of any kind by any Releasing Shipper, its

successor or assigns arising from any action taken by Transporter in reliance upon the nomina-

tions, scheduling instructions or other communications from Replacement Shipper or its agents.

Replacement Shipper further agrees that it will hold Transporter harmless for any action taken by

Transporter in reliance upon the nominations, scheduling instructions or other communications of

the Releasing Shipper or its agents. Replacement Shipper further recognizes and agrees that

Transporter shall have no obligation to honor any nomination or scheduling request from Replace-

ment Shipper or its agents that in Transporter’s sole opinion conflicts with communications or

instructions received by Transporter from the Releasing Shipper (or its agents) which is the

source of the released transportation right sought to be utilized by Replacement Shipper here-

under.