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Original Sheet No. 103 Original Sheet No. 103 : Superseded







11.3 In the event the Parties are unable to obtain all necessary and satisfactory regulatory

approvals for service prior to the expiration of two (2) years from the effective date

hereof, then, prior to receipt of such regulatory approvals, either Party may terminate

this Agreement by giving the other Party at least thirty (30) days prior written notice,

and the respective obligations hereunder, except for the provisions of Article 6 herein,

shall be of no force and effect from and after the effective date of such termination.




12.1 Either Party may assign or pledge this Agreement and all rights and obligations

hereunder under the provisions of any mortgage, deed of trust, indenture, or other

instrument which it has executed or may execute hereafter as security for indebtedness;

otherwise, Shipper shall not assign this Agreement or any of its rights and obligations




12.2 Any person or entity which shall succeed by purchase, transfer, merger, or consolidation

to the properties, substantially or as an entirety, of either Party hereto shall be

entitled to the rights and shall be subject to the obligations of its predecessor in

interest under this Agreement.




In addition to the warranties set forth in Article IX of the General Terms and Conditions of

Transporter's FERC Gas Tariff, Shipper warrants the following:


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.