Arkansas Western Pipeline Company
First Revised Volume No. 1
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Effective Date: 12/01/1993, Docket: CP92-570-005, Status: Effective
Original Sheet No. 74 Original Sheet No. 74 : Superseded
8.3 Service under this ITS Rate Schedule may be interrupted or
curtailed for reasons of force majeure or due to any other
scheduled routine, repair, and maintenance to be reasonably
determined by Transporter. Without limitation of the
foregoing, Transporter shall have the right to equitably
reduce receipts or deliveries of natural gas on any day
below the MDQ to permit maintenance, repair, overhaul,
replacement, or construction of pipelines, compressors,
metering, regulating, or other production, gathering, and
transmission facilities and equipment or due to facility
maintenance or freeze offs.
8.4 In the event on any day Transporter is unable to receive for
transportation the total MDQ of any Shipper receiving
service under this ITS Rate Schedule due to reasons of force
majeure or any other operational consideration to be
reasonably determined by Transporter, then the system
capacity which is available for transportation shall be in
accordance with the priorities set out in this ITS Rate
Schedule.
9. LAWS AND REGULATIONS
This ITS Rate Schedule and the executed ITS Service Agreement and
the obligations of the parties hereunder are subject to all
present and future valid laws with respect to the subject matter
hereof, either State or Federal, and to all valid present or
future decisions, orders, rules and regulations of all duly
constituted governmental authorities having jurisdiction. The
service provided under this ITS Rate Schedule is implemented
pursuant to Transporter's blanket certificate issued pursuant to
section 7(c) of the Natural Gas Act.
10. ASSIGNMENTS
Any person which shall succeed by purchase, merger, or
consolidation to the properties substantially as an entirety of
either party hereto shall be entitled to the rights and subject
to the obligations of its predecessor in interest under this ITS
Rate Schedule, subject to all of the terms and conditions of the
ITS Rate Schedule, as such rate schedule may be amended from time
to time. Shipper may not assign the executed ITS Service
Agreement, in whole or in part, or any of its rights thereunder,
unless it first shall have obtained the written consent of the
Transporter.