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.