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TWP Pipeline LLC
FERC GAS TARIFF
SECOND REVISED VOLUME NO. 1

SECTION 8.4
FORM OF CAPACITY RELEASE
TRANSPORTATION SERVICE AGREEMENT
VERSION 3.0.0

TWP Pipeline LLC
FORM OF CAPACITY RELEASE TRANSPORTATION SERVICE AGREEMENT


    

ARTICLE V – SUCCESSORS AND ASSIGNS

    
    5.1.    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 that 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 hereunder.
    
    5.2.    Any person or entity that 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.
    
    

ARTICLE VI – REPLACEMENT SHIPPER'S INDEMNIFICATION

    
        Replacement Shipper recognizes that its rights to transportation 
        service hereunder are solely those rights released by Releasing 
        Shipper(s).  The Replacement Shipper agrees that it will indemnify 
        Transporter against any claim or suite of any kind by any Releasing 
        Shipper, its successor or assigns arising from any action taken by 
        Transporter in reliance upon the nominations, scheduling instructions 
        or other communications from Replacement Shipper or its agents.  
        Replacement Shipper further agrees that it will hold Transporter 
        harmless for any action taken by Transporter in reliance upon the 
        nominations, scheduling instructions or other communications of the 
        Releasing Shipper or its agents.  Replacement Shipper further 
        recognizes and agrees that Transporter shall have no obligation to 
        honor any nomination or scheduling request from Replacement Shipper or 
        its agents that in Transporter's sole opinion conflicts with 
        communications or instructions received by Transporter from the 
        Releasing Shipper (or its agents) which is the source of the released 
        transportation right sought to be utilized by Replacement 
        Shipper hereunder.

    

ARTICLE VII – MISCELLANEOUS PROVISIONS

    
    7.1.    No waiver by any party of any one or more defaults by the 
            other in the performance of any provisions 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.
    
    7.2.    The headings of the articles of this Agreement are inserted for 
            convenience of reference only and shall not affect the meaning 
            or construction thereof.
    
    7.3.    The interpretation and performance of this Agreement shall be 
            in accordance with and controlled by the laws of the State of 
            Pennsylvania, without regard to choice of law doctrine that 
            refers to the laws of another jurisdiction.

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