Bluewater Gas Storage, LLC

Original Volume No. 1

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Effective Date: 04/01/2008, Docket: RP08-249-000, Status: Effective

First Revised Sheet No. 232 First Revised Sheet No. 232 : Pending

Superseding: Original Sheet No. 232

INTERRUPTIBLE HOURLY BALANCING SERVICE AGREEMENT

(Continued)

 

(For Use Under Rate Schedule IHBS)

 

ARTICLE VII - TRANSFER AND ASSIGNMENT OF ALL AGREEMENTS

 

Any company which shall succeed by purchase, merger or

consolidation to the properties, substantially as an entirety, of

BLUEWATER or of Customer, as the case may be, shall be entitled to

the rights and shall be subject to the obligations of its

predecessor in title under this Agreement. Otherwise, no

assignment of this Agreement or any of the rights or obligations

thereunder shall be made by Customer, except pursuant to the

General Terms and Conditions of BLUEWATER's FERC Gas Tariff.

 

It is agreed, however, that the restrictions on assignment

contained in this Article shall not in any way prevent either

Party to the Agreement from pledging or mortgaging its rights

thereunder as security for its indebtedness.

 

ARTICLE VIII - LAW OF AGREEMENT

 

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 DOCTRINES GOVERNING CHOICE OF LAW.

 

ARTICLE IX - LIMITATION OF REMEDIES, LIABILITY AND DAMAGES

 

UNLESS EXPRESSLY HEREIN PROVIDED, NEITHER PARTY SHALL BE LIABLE TO

THE OTHER FOR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL,

PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS

OF VALUE, LOSS OF FINANCIAL ADVANTAGE, LOSS OF PROFIT OR BUSINESS

INTERRUPTIONS, HOWEVER SAME MAY BE CAUSED, BUT SHALL BE LIMITED,

TO ACTUAL DAMAGES ONLY.

 

ARTICLE X - PRIOR AGREEMENTS CANCELLED

 

BLUEWATER and Customer agree that this Agreement, as of the date

hereof, shall supersede and cancel the following Agreement(s)

between the parties hereto:

 

 

Storage Service Agreement dated ___________________, ____.

 

ARTICLE XI - MISCELLANEOUS

 

11.1. This Agreement sets forth all understandings and

agreements between the Parties respecting the subject matter

hereof, and all prior agreements, understandings and

representations, whether written or oral, respecting the subject

matter hereof are superseded by this Agreement. No modification

of the terms and provisions of this Agreement shall be made except

by the execution by both Parties of a written agreement.