Bluewater Gas Storage, LLC

Original Volume No. 1

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Effective Date: 12/01/2006, Docket: CP06-351-001, Status: Effective

Original Sheet No. 233 Original Sheet No. 233 : Effective

 

 

 

INTERRUPTIBLE HOURLY BALANCING SERVICE AGREEMENT

(Continued)

 

(For Use Under Rate Schedule IBHS)

 

 

11.2. No waiver by a Party of any default(s) by the other Party

in the performance of any provision, condition or requirement of

this Agreement shall operate or be construed as a waiver of any

future default(s), whether of a like or of a different character,

nor in any manner release the defaulting Party from performance of

any other provision, condition or requirement set forth herein.

 

11.3. If any provision of this Agreement is declared null and

void or voidable by a court of competent jurisdiction, such

declaration shall in no way affect the validity or effectiveness of

the other provisions of this Agreement, which shall remain in full

force and effect, and the Parties shall thereafter use their

commercially reasonable efforts to agree upon an equitable

adjustment of the provisions of this Agreement with a view to

effecting its purpose.

 

11.4. No presumption shall operate in favor of or against any

Party as a result of any responsibility or role that any Party may

have had in the drafting of this Agreement.

 

11.5. This Agreement shall not create any rights in third

parties, and no provisions hereof shall be construed as creating any

obligations for the benefit of, or rights in favor of, any person or

entity other than BLUEWATER or Customer.

 

11.6. This Agreement may be executed in counterparts, and all

such executed counterparts shall form part of this Agreement. A

signature delivered by facsimile shall be deemed to be an original

signature for purposes of this Agreement.

 

IN WITNESS WHEREOF, the Parties have caused this Agreement to be

duly executed in several counterparts by their authorized agents as

of the date first written above.

 

BLUEWATER GAS STORAGE, LLC

 

By______________________________

 

Title___________________________

 

Customer________________________

 

By______________________________

 

Title___________________________