Southeast Supply Header, LLC
Original Volume No. 1
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Effective Date: 09/04/2008, Docket: CP07-44-005, Status: Effective
Original Sheet No. 464 Original Sheet No. 464
FORM OF SERVICE AGREEMENT FOR
CAPACITY RELEASE UMBRELLA AGREEMENT UNDER
RATE SCHEDULE FTS
(CONTINUED)
ARTICLE V
INTERPRETATION
The interpretation and performance of this Umbrella Service
Agreement shall be in accordance with the laws of the State of
__________, without recourse to the law governing conflict of laws.
This Umbrella Service 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 SHIPPER
AND RELEASING SHIPPER
The parties recognize that, pursuant to Commission orders,
Releasing Shipper may require that the Replacement Shipper agree that a
breach of this Agreement, including a failure to pay, or to pay timely,
by Replacement Shipper under this Agreement, constitutes a breach of
contract as between Replacement Shipper and Releasing Shipper. The
existence of such an agreement will be indicated on the appropriate
Addendum to this Capacity Release Umbrella Agreement. If Replacement
Shipper fails to pay Transporter, fails to timely pay Transporter, or
otherwise breaches this Agreement with Transporter: (a) both
Replacement Shipper and Releasing Shipper (except to the extent
otherwise provided in Section 25.2(a) of the GT&C and except with
respect to penalties attributable to Replacement Shipper's conduct)
shall be liable to Transporter for such failure to pay or breach (it
being understood that nothing in this Article VI relieves Releasing
Shipper from responsibility to pay Transporter in accordance with its
Agreements with Transporter) and (b) if, as a result of such breach by
Replacement Shipper, Releasing Shipper is accordingly required to pay
Transporter or otherwise perform, Releasing Shipper may have a cause of
action for breach against Replacement Shipper.