East Tennessee Natural Gas Company
Second Revised Volume No. 1
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Effective Date: 05/01/2000, Docket: RP00-245-000, Status: Effective
Second Revised Sheet No. 202 Second Revised Sheet No. 202 : Superseded
Superseding: First Revised Sheet No. 202
INTERRUPTIBLE TRANSPORTATION AGREEMENT
(For Use Under Rate Schedule IT)
ARTICLE XII - ASSIGNMENTS
12.1 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.
12.2 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 XIII - WARRANTIES
In addition to the warranties set forth in Section 22 of Transporter's
General Terms and Conditions Shipper warrants the following:
13.1 Shipper warrants that all upstream and downstream transportation
arrangements are in place, or will be in place as of the requested
effective date of service. Shipper agrees to indemnify and hold
Transporter harmless for refusal to transport gas hereunder in the
event any upstream or downstream transporter fails to receive or
deliver gas as contemplated by this Agreement.
13.2 Shipper agrees to indemnify and hold Transporter harmless from all
suits, actions, debts, accounts, damages, costs, losses and
expenses (including reasonable attorneys fees) arising from or out
of breach of any warranty, express or implied, by Shipper herein.
13.3 Shipper warrants that it will have title or the right to acquire
title to the gas delivered to Transporter under this Agreement.
13.4 Transporter shall not be obligated to provide or continue service
hereunder in the event of any breach of warranty; provided,
Transporter shall give Shipper and the FERC thirty days notice
prior to any termination of service. Service will continue if,
within the thirty day notice period, Shipper cures the breach of
warranty.
ARTICLE XIV - MISCELLANEOUS
14.1 Except for changes specifically authorized pursuant to this
Agreement, no modification of or supplement to the terms and
conditions hereof shall be or become effective until Shipper has
submitted a request for change via PASSKEY and Shipper has been
notified via PASSKEY of Transporter's agreement to such change.