RELATIONSHIP BETWEEN ACQUIRING SHIPPER AND RELEASING SHIPPER Sample Clauses

RELATIONSHIP BETWEEN ACQUIRING SHIPPER AND RELEASING SHIPPER. The parties recognize that, pursuant to Commission orders, Releasing Shipper may require that the Acquiring Shipper agree that a breach of this Umbrella Service Agreement, including a failure to pay, or to pay timely, by Acquiring Shipper under this Umbrella Service Agreement, constitutes a breach of contract as between Acquiring Shipper and Releasing Shipper. The existence of such an agreement will be indicated on the appropriate Addendum to this Umbrella Service Agreement. If Acquiring Shipper fails to pay Transporter, fails to timely pay Transporter, or otherwise breaches this Agreement with Transporter: (a) both Acquiring Shipper and Releasing Shipper (except to the extent otherwise provided in Section 19.7 of the General Terms and Conditions and except with respect to penalties attributable to Acquiring Shipper's conduct) shall be liable to Transporter for such failure to pay or breach (it being understood that nothing in this Article VII relieves Releasing Shipper from responsibility to pay Transporter in accordance with its service agreements with Transporter) and (b) if, as a result of such breach by Acquiring Shipper, Releasing Shipper is accordingly required to pay Transporter or otherwise perform, Releasing Shipper may have a cause of action for breach against Acquiring Shipper.
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