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. 237 First Revised Sheet No. 237 : Pending

Superseding: Original Sheet No. 237

HUB SERVICES AGREEMENT

(Continued)

 

(For Use Under Rate Schedules IW and IB)

 

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:

 

Hub Services 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matter hereof are superseded by this Agreement.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.

 

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.