Nautilus Pipeline Company, LLC
Original Volume No. 1
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Effective Date: 12/01/1997, Docket: CP96-790-003, Status: Effective
Original Sheet No. 342 Original Sheet No. 342 : Effective
FORM OF SERVICE AGREEMENT
FOR TEMPORARY RELEASES OF
FIRM TRANSPORTATION CAPACITY
(provided that this provision shall not bar claims resulting
from the gross negligence or willful misconduct of the
Operator) and Replacement Shipper shall provide the Operator
with a waiver of subrogation of Replacement Shipper's
insurance company for all such claims; and (e) this
representation is made expressly for the benefit of the
members in Transporter and the Operator.
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 Replacement
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 22 of the General Terms and Conditions of
Transporter's FERC Gas Tariff.