Viking Gas Transmission Company
Original Volume No. 1
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Effective Date: 11/01/1993, Docket: RS92- 52-001, Status: Effective
Original Sheet No. 94 Original Sheet No. 94 : Superseded
GAS TRANSPORTATION AGREEMENT (Continued)
13.1 Shipper warrants that all upstream and downstream transportation arrangements are in
place, or will be in place, as of the requested effective date of service, and that it
has advised the upstream and downstream transporters of the receipt and delivery points
under this Agreement and any quantity limitations for each point as specified on
Exhibit(s) __________ attached hereto. Shipper agrees to indemnify and hold Transporter
harmless for refusal to transport gas hereunder in the event any upstream or downstream
transporter fails to receive or deliver gas as contemplated by this Agreement.
13.2 If transportation hereunder is pursuant to Subpart B of Part 284 of the FERC's
Regulations, Shipper warrants that the service provided hereunder is on behalf of an
intrastate pipeline or a local distribution company within the meaning of Section
311(a)(1) of the Natural Gas Policy Act of 1978. If transportation hereunder is
pursuant to Subpart G, Section 284.222 of the Commission's Regulations, Shipper warrants
that the service provided hereunder is on behalf of an interstate pipeline company.
13.3 If a party is acting as an agent hereunder, such party warrants that it is authorized to
act for its principals in arranging the transportation service provided for herein.
13.4 Shipper agrees to indemnify and hold Transporter harmless from all suits, actions,
debts, accounts, damages, costs, losses and expenses (including reasonable attorneys
fees) arising from or out of breach of any warranty, express or implied, by the Shipper
13.5 Shipper warrants that it will have title or the right to acquire title to the gas
delivered to Transporter under this Agreement.
13.6 Transporter shall not be obligated to provide or continue service hereunder in the event
of any breach of warranty; provided, Transporter shall give Shipper and the FERC fifteen
days notice prior to any termination of service. Service will continue if within the
fifteen day notice period Shipper cures the breach of warranty.
ARTICLE XIV - MISCELLANEOUS
14.1 No modification of or supplement to the terms and provisions hereof shall be or become
effective, except by the execution of supplementary written consent.
14.2 No waiver by any Party of any one or more defaults by the other in the performance of
any provision of this Agreement shall operate or be construed as a waiver of any future
default or defaults, whether of a like or of a different character.