FORM OF SERVICE AGREEMENT

FOR RATE SCHEDULE FT

(continued)


 


 

ARTICLE VI

ASSIGNMENTS


 

6.1 Either Shipper or Pipeline may assign or pledge this Agreement under the provisions

of any mortgage, deed of trust, indenture, bank credit agreement, receivable sale,

or similar instrument, which it has executed or may execute hereafter, without

relieving itself of its obligations under this Agreement. Furthermore, each of

Shipper and Pipeline hereby agree to timely execute and deliver such consents to

assignment and certificates as are reasonably requested by the assigning Party or

its lenders in connection with any such assignment, in each case on terms and

conditions reasonably satisfactory to such Party. In addition, Shipper may release

its rights to capacity pursuant to GT&Cs Section 11 (or any successor provisions).


 

ARTICLE VII

NONRECOURSE OBLIGATION

OF PIPELINE'S PARENTS AND OTHER AFFILIATES


 

7.1 Shipper acknowledges and agrees that: (a) Shipper shall have no recourse against

the Pipeline's parent and other affiliates with respect to Pipeline's obligations

under this Agreement and that its sole recourse shall be against the assets and

revenues of Pipeline, irrespective of any failure to comply with any provision of

this Agreement; (b) no claim shall be made against the Pipeline's parent and other

affiliates under or in connection with this Agreement; and (c) this representation

is made expressly for the benefit of the Pipeline's parent and other affiliates.


 

7.2 The Parties agree that notwithstanding any other provision hereof neither Party

shall be liable to the other Party for any special, indirect, punitive, or

consequential damages (including, without limitation, loss of profits or business

interruptions), whether in contract or in tort, arising out of or in any manner

related to this Agreement, even if a Party has been advised of the possibility of

such damages.