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.