Pinnacle Pipeline Company

ORIGINAL VOLUME NO. 1

Effective Date: 10/08/2003, Docket: RP04-102-001, Status: Effective

Original Sheet No. 163 Original Sheet No. 163 : Effective

binding or valid. Provisions of the Agreement

shall be construed as a whole according to their

common meaning, and not strictly for or against

either Transporter or Shipper. No amendment or

modification of the Agreement shall be effective

unless in writing and signed by both Transporter

and Shipper.

29.9 Modification - No modification of the terms and

provisions of a Transportation Agreement shall be

made except by the execution of written

contracts.

29.10 Non-waiver and Future Default - No waiver by

either Transporter or Shipper of anyone or more

defaults by the other in the performance of any

provisions of any Transportation Agreement shall

operate or be construed as a waiver of any future

default or defaults, whether of a like or of a

different character.

29.11 Schedules and Contract Subject to Regulation -

This Tariff shall be subject to all present and

future applicable laws, orders, rules and

regulations of any duly constituted governmental

authority, whether federal, state, or local,

having jurisdiction over Transporter and Shipper,

their facilities, or any provision of this Tariff

including, without limitation, all applicable

Federal Energy Regulatory Commission rules and

regulations. The Transportation Agreement shall

be subject to all present and future applicable

laws, orders, rules and regulations of any duly

constituted governmental authority, whether

federal, state, or local, having jurisdiction

over the parties to the Agreement, their

facilities, or any provision of the Agreement

including, without limitation, all applicable

Federal Energy Regulatory Commission rules and

regulations.

29.12 Survival - The provisions of any Transportation

Agreement shall survive the termination of that

Transportation Agreement for so long as is

necessary to complete all business transactions

outstanding between the parties related to the

Transportation Agreement, but in no event beyond

two (2) Years after its termination.