Liberty Gas Storage, LLC

Original Volume No. 1

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Effective Date: 04/15/2007, Docket: RP07-357-000, Status: Effective

Original Sheet No. 219 Original Sheet No. 219 : Effective

 

FORM OF SERVICE AGREEMENT FOR CAPACITY RELEASE UMBRELLA AGREEMENT UNDER

RATE SCHEDULES FSS AND SFS

ARTICLE V - INTERPRETATION

THE INTERPRETATION AND PERFORMANCE OF THIS CAPACITY RELEASE UMBRELLA AGREEMENT

SHALL BE IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT RECOURSE

TO THE LAW GOVERNING CONFLICT OF LAWS.

This Capacity Release Umbrella 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.

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 Capacity

Release Umbrella Agreement, including a failure to pay, or to pay timely, by

Replacement Customer under this Capacity Release Umbrella 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 Liberty, fails to timely pay Liberty, or

otherwise breaches this Capacity Release Umbrella Agreement with Liberty : (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 Liberty for such failure to pay or breach (it being understood

that nothing in this Article VI relieves Releasing Customer from responsibility

to pay Liberty in accordance with its Storage Service Agreements with Liberty )

and (b) if, as a result of such breach by Replacement Customer, Releasing

Customer is accordingly required to pay Liberty or otherwise perform, Releasing

Customer may have a cause of action for breach against Replacement Customer.