Transwestern Pipeline Company

Second Revised Volume No. 1

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Effective Date: 01/01/2003, Docket: RP00-490-002, Status: Effective

First Revised Sheet No. 151 First Revised Sheet No. 151 : Effective

Superseding: Original Sheet No. 151

 

 

TRANSPORTATION SERVICE AGREEMENT - FORM N

(continued)

 

 

 

15. This Agreement and the terms and conditions herein are subject to all present and future valid

laws, orders, rules and regulations of duly constituted authorities having jurisdiction.

 

16. In the event a conflict exists or arises between this Agreement and Transporter's FERC Gas

Tariff, as amended from time to time, it is agreed and understood that the latter shall

control.

 

17. This Agreement is for accounting and system management purposes only, and is entered into by

the Parties with the understanding that the balancing activities provided for hereunder will

not subject any non-jurisdictional entity to regulation by the Federal Energy Regulatory

Commission as a "natural gas company" under the provisions of the Natural Gas Act. If, at any

time, it should be determined that such balancing activities do result in such regulation, then

this Agreement shall immediately terminate, and any remaining Operational Imbalance shall be

resolved by the Parties within ninety (90) days after termination of this Agreement.

 

18. Any entity which shall succeed by purchase, merger or consolidation to the properties,

substantially as an entity, of either Party, shall be subject to the obligations of its

predecessor to this Agreement. No other assignment of this Agreement or of any of the rights

or obligations hereunder shall be made.

 

19. AS TO ALL MATTERS OF CONSTRUCTION AND INTERPRETATION, THIS AGREEMENT SHALL BE INTERPRETED IN

ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.

 

20. Any notice, request, or statement provided pursuant to this Agreement shall be in writing and

shall be considered as having been given, if delivered personally, when delivered, or, if

either mailed by United States mail, postage prepaid, sent by express mail, electronically

mailed, or overnight delivery, or if telecopied to the other Party, then, when sent, to the

following: