Garden Banks Gas Pipeline, LLC

Original Volume No. 1

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Effective Date: 09/01/2005, Docket: RP05-453-000, Status: Effective

First Revised Sheet No. 280 First Revised Sheet No. 280 : Effective

Superseding: Original Sheet No.280

FORM OF SERVICE AGREEMENT OF TEMPORARY

RELEASE OF FIRM TRANSPORTATION CAPACITY

 

 

ARTICLE VI

 

NONRECOURSE OBLIGATIONS

 

Acquiring Shipper acknowledges and agrees that (a)

Transporter is a Delaware limited liability company; (b)

Acquiring Shipper shall have no recourse against any member of

Transporter with respect to Transporter's obligations under this

Agreement and its sole recourse shall be against the assets of

Transporter, irrespective of any failure to comply with

applicable law or any provision of this Agreement; (c) no claim

shall be made against any member of Transporter under or in

connection with this Agreement; (d) Acquiring Shipper shall have

no right of subrogation to any claim of Transporter for any

Capital Contribution from any member of Transporter; and (e) this

representation is made expressly for the benefit of the members

in Transporter.

 

ARTICLE VII

 

MISCELLANEOUS

 

7.1 This Agreement constitutes the entire Agreement between

the Parties and no waiver by either Party of any

default under this Agreement shall operate as a waiver

of any subsequent default whether of a like or

different character.

 

7.2 THE INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT

SHALL BE IN ACCORDANCE WITH AND CONTROLLED BY THE

LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO THE

DOCTRINES GOVERNING CHOICE OF LAW.

 

7.3 Except for the Addenda generated by Acquiring Shipper's

successful bids for released capacity, no modification

of or supplement to the terms and provisions hereof

shall be or become effective except by execution of a

supplementary written agreement between the Parties.

 

7.4 Transporter may, without relieving itself of its

obligations under this Agreement, assign any of its

rights hereunder to a company with which it is

affiliated. Shipper shall not assign this Agreement or

any of its rights hereunder, except in accord with

Section 19 of the General Terms and Conditions of

Transporter's FERC Gas Tariff.