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
(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matter hereof are superseded by this Agreement.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.