Northern Border Pipeline Company

First Revised Volume No. 1

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Effective Date: 02/01/2009, Docket: RP09-132-000, Status: Effective

Original Sheet No. 417 Original Sheet No. 417







Article 6 - Applicable Law and Submission to Jurisdiction (Continued)


At the Company's request, the Shipper shall irrevocably appoint an

agent in Nebraska to receive, for it and on its behalf, service of

process in connection with any judicial proceeding in Nebraska relating

to this Agreement. Such service shall be deemed completed on delivery

to such process agent (even if not forwarded to and received by the

Shipper). If said agent ceases to act as a process agent within

Nebraska on behalf of Shipper, the Shipper shall appoint a substitute

process agent within Nebraska and deliver to the Company a copy of the

new agent's acceptance of that appointment within 30 days.


Article 7 - Successors and Assigns


Any person which shall succeed by purchase, amalgamation, merger or

consolidation to the properties, substantially as an entirety, of

Shipper or of Company, as the case may be, and which shall assume all

obligations under Shipper's Agreement of Shipper or Company, as the

case may be, shall be entitled to the rights, and shall be subject to

the obligations, of its predecessor under Shipper's Agreement. Either

party to a Shipper's Agreement may pledge or charge the same under the

provisions of any mortgage, deed of trust, indenture, security

agreement or similar instrument which it has executed, or assign such

Agreement to any affiliated Person (which for such purpose shall mean

any person which controls, is under common control with or is

controlled by such party). Nothing contained in this Article 7 shall,

however, operate to release predecessor Shipper from its obligation

under its Agreement unless Company shall, in its sole discretion,

consent in writing to such release. Company shall not release any

Shipper from its obligations under its Agreement unless: (a) such

release is effected pursuant to an assignment of obligations by such

Shipper, and the assumption thereof by the assignee, and the terms of

such assignment and assumption render the obligations being assigned

and assumed no more conditional and no less absolute than those at the

time provided therein; and (b) such release is not likely to have a

substantial adverse effect upon Company. Shipper shall, at Company's

request, execute such instruments and take such other action as may be

desirable to give effect to any such assignment of Company's rights

under such Shipper's Agreement or to give effect to the right of a

Person whom the Company has specified pursuant to Section 6 of the