Portland Natural Gas Transmission System
Second Revised Volume No. 1
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Effective Date: 09/01/2006, Docket: RP06-449-000, Status: Effective
Original Sheet No. 575 Original Sheet No. 575 : Effective
ARTICLE VIII - NONRECOURSE OBLIGATION OF PARTNERSHIP AND OPERATOR
Shipper acknowledges and agrees that: (a) Transporter is a Maine general
partnership; (b) Shipper shall have no recourse against any partner in
Transporter with respect to Transporter's obligations under this Contract and
that its sole recourse shall be against the partnership assets, irrespective
of any failure to comply with applicable law or any provision of this
Contract; (c) no claim shall be made against any partner under or in
connection with this Contract; (d) Shipper shall have no right of subrogation
to any claim of Transporter for any capital contributions from any partner to
Transporter; (e) no claims shall be made against the Operator, its officers,
employees, and agents, under or in connection with this Contract and the
performance of Operator's duties as Operator (provided that this shall not bar
claims resulting from the gross negligence or wilful misconduct of Operator,
its officers, employees or agents) and Shipper shall provide Operator with a
waiver of subrogation of Shipper's insurance company for all claims; and (f)
this representation is made expressly for the benefit of the partners in
Transporter and Operator.
ARTICLE IX - LAW OF CONTRACT
Notwithstanding conflict-of-laws rules, the interpretation and performance of
this Contract shall be in accordance with and controlled by the laws of the
State of Maine.
ARTICLE X - CHANGE IN TARIFF PROVISIONS
Shipper agrees that Transporter shall have the unilateral right to file with
the Federal Energy Regulatory Commission or any successor regulatory authority
any changes in any of the provisions of its Tariff, including any of its Rate
Schedules, or the General Terms and Conditions, as Transporter may deem
necessary, and to make such changes effective at such time as Transporter
desires and is possible under applicable law.
ARTICLE XI - MISCELLANEOUS
This Contract, including the Tariff and Rate Schedule HRS, reflects the whole
and entire agreement among the Parties with respect to the subject matter
hereof and supersedes all prior agreements and understandings among the
Parties with respect to the subject matter hereof.
IN WITHNESS WHEREOF, the parties hereto have caused this Contract to be duly
executed in several counterparts by their proper officers thereunto duly
authorized, as of the date first hereinabove written.