Egan Hub Storage, LLC

First Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 01/01/2004, Docket: RP04-114-000, Status: Effective

Original Sheet No. 242 Original Sheet No. 242 : Effective

 

 

FORM OF SERVICE AGREEMENT FOR

CAPACITY RELEASE UMBRELLA AGREEMENT UNDER

RATE SCHEDULES FSS AND SSS

(continued)

 

 

ARTICLE V

INTERPRETATION

 

The interpretation and performance of this Umbrella Service Agreement

shall be in accordance with the laws of the State of __________, without

recourse to the law governing conflict of laws.

 

This Umbrella Service Agreement and the obligations of the parties are

subject to all present and future valid laws with respect to the subject

matter, either State or Federal, and to all valid present and future orders,

rules, and regulations of duly constituted authorities having jurisdiction.

 

ARTICLE VI

RELATIONSHIP BETWEEN REPLACEMENT CUSTOMER

AND RELEASING CUSTOMER

 

The parties recognize that, pursuant to Commission orders, Releasing

Customer may require that the Replacement Customer agree that a breach of this

Agreement, including a failure to pay, or to pay timely, by Replacement

Customer under this Agreement, constitutes a breach of contract as between

Replacement Customer and Releasing Customer. The existence of such an

agreement will be indicated on the appropriate Addendum to this Capacity

Release Umbrella Agreement. If Replacement Customer fails to pay Egan Hub,

fails to timely pay Egan Hub, or otherwise breaches this Agreement with Egan

Hub: (a) both Replacement Customer and Releasing Customer (except to the

extent otherwise provided in Section 4 of the General Terms and Conditions and

except with respect to penalties attributable to Replacement Customer's

conduct) shall be liable to Egan Hub for such failure to pay or breach (it

being understood that nothing in this Article VI relieves Releasing Customer

from responsibility to pay Egan Hub in accordance with its service agreements

with Egan Hub) and (b) if, as a result of such breach by Replacement Customer,

Releasing Customer is accordingly required to pay Egan Hub or otherwise

perform, Releasing Customer may have a cause of action for breach against

Replacement Customer.