Bluewater Gas Storage, LLC

Original Volume No. 1

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Effective Date: 12/13/2008, Docket: RP09-75-000, Status: Effective

First Revised Sheet No. 243 First Revised Sheet No. 243

Superseding: Original Sheet No. 243

 

FORM OF SERVICE AGREEMENT FOR

CAPACITY RELEASE UMBRELLA AGREEMENT UNDER

RATE SCHEDULES FSS, NNSS, FP AND FL

(Continued)

 

(a) BLUEWATER: __________________________________

__________________________________

__________________________________

 

 

(b) Replacement Customer: ________________________________

________________________________

________________________________

 

or such other address as either Party shall designate by formal

written notice. In all instances, the Parties shall use their

best efforts to provide notice by facsimile prior to 5 p.m.

Central Time. Notice received before 5 p.m. Central Time shall be

deemed effective the day of receipt. Notice received after 5 p.m.

Central Time shall be deemed effective the day following receipt.

 

ARTICLE V

INTERPRETATION

 

THE INTERPRETATION AND PERFORMANCE OF THIS CAPACITY RELEASE

UMBRELLA AGREEMENT SHALL BE IN ACCORDANCE WITH THE LAWS OF THE

STATE OF TEXAS, WITHOUT RECOURSE TO THE LAW GOVERNING CONFLICT OF

LAWS.

 

This Capacity Release Umbrella Agreement and the obligations

of the parties are subject to all present and future valid laws

with respect to the subject matter, either State or Federal, and

to all valid present and future orders, rules, and regulations of

duly constituted authorities having jurisdiction.

 

ARTICLE VI

RELATIONSHIP BETWEEN REPLACEMENT CUSTOMER

AND RELEASING CUSTOMER

 

The parties recognize that, pursuant to Commission orders,

Releasing Customer may require that the Replacement Customer agree

that a breach of this Capacity Release Umbrella Agreement,

including a failure to pay, or to pay timely, by Replacement

Customer under this Capacity Release Umbrella Agreement,

constitutes a breach of contract as between Replacement Customer

and Releasing Customer. The existence of such an agreement will

be indicated on the appropriate Addendum to this Capacity Release

Umbrella Agreement. If Replacement Customer fails to pay

BLUEWATER, fails to timely pay BLUEWATER, or otherwise breaches

this Capacity Release Umbrella Agreement with BLUEWATER: (a) both

Replacement Customer and Releasing Customer (except to the extent

otherwise provided in Section 4 of the General Terms and

Conditions and except with respect to penalties attributable to

Replacement Customer's conduct) shall be liable to BLUEWATER for

such failure to pay or breach (it being understood that nothing in

this Article VI relieves