Carolina Gas Transmission Corporation

Original Volume No. 1

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Effective Date: 11/01/2006, Docket: CP06- 71-001, Status: Effective

Original Sheet No. 333 Original Sheet No. 333 : Effective

 

5.2 The parties hereto agree that neither party shall be liable to the other

party for any special, indirect, punitive, or consequential damages

(including, without limitation, loss of profits or business

interruptions) arising out of or in any manner related to this Service

Agreement.

 

 

ARTICLE VI

GOVERNING LAW

 

6.1 The parties hereto agree that interpretation and performance of this

Service Agreement are governed by the laws of the State of South Carolina

without recourse to South Carolina law governing conflict of laws.

 

6.2 This Service Agreement and the obligations of the parties are subject to

all present and future valid laws, state and federal, with respect to the

subject matter, and to all valid present and future orders, rules, and

regulations of duly constituted authorities having jurisdiction.

 

 

ARTICLE VII

STANDARD OF REVIEW

 

7.1 This Service Agreement is based on the Form of Service Agreement for Rate

Schedule IT included in Pipeline’s Tariff with blank spaces (for example,

in Section 2.1) and Exhibits that, when completed, will describe specific

provisions of mutual agreement between Pipeline and Shipper. The

Commission shall apply the “public interest” standard of review rather

than the “just and reasonable” standard of review when acting on

proposals by the Commission on its own motion, or by a signatory to this

Service Agreement or a non-signatory, to modify unilaterally: (1) the

types of specific provisions described above; (2) contract provisions

that deviate from the Form of Service Agreement that have been accepted

for filing by the Commission; (3) Section 3.3, which expressly provides

for Pipeline’s right to take certain actions unilaterally (the unilateral

actions themselves being subject to the “just and reasonable” standard of

review); or (4) this Article VII. The standard of review the Commission

shall apply when acting on unilateral modifications regarding all other

provisions of this Service Agreement that are proposed by the Commission

on its own motion, or by a signatory to this Service Agreement or a non-

signatory, shall be the “just and reasonable” standard of review rather

than the “public interest” standard of review.

 

 

ARTICLE VIII

FUTURE CHANGES

 

8.1 Except as otherwise set forth herein, no modification of or supplement to

the terms and provisions hereof shall become effective except by

execution of a supplementary written agreement between the parties.