Egan Hub Storage, LLC
First Revised Volume No. 1
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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.