Guardian Pipeline, L.L.C.
Original Volume No. 1
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Effective Date: 08/01/2010, Docket: RP10-926-000, Status: Effective
Second Revised Sheet No. 312 Second Revised Sheet No. 312
Superseding: First Revised Sheet No. 312
FORM OF SERVICE AGREEMENT
FOR RATE SCHEDULE FT-2 (Continued)
ARTICLE VII
NONRECOURSE OBLIGATION OF LIMITED LIABILITY COMPANY
MEMBERS AND OPERATOR
Shipper acknowledges and agrees that (a) Transporter is a Delaware
limited liability company; (b) Shipper shall have no recourse against
any member of Transporter with respect to Transporter's obligations
under this Service Agreement and its sole recourse shall be against the
assets of Transporter, irrespective of any failure to comply with
applicable law or any provision of this Service Agreement; (c) no claim
shall be made against any member of Transporter, or the member's or
Transporter's officers, employees, or agents, under or in connection
with this Service Agreement; (d) no claims shall be made against the
Operator, its officers, employees, and agents, under or in connection
with this Service Agreement and the performance of its duties as
Operator (provided that this provision shall not bar claims resulting
from the gross negligence or willful misconduct of the Operator), and
Shipper shall provide the Operator with a waiver of subrogation of
Shipper's insurance company for all such claims; and (e) this
representation is made expressly for the benefit of the members of
Transporter and the Operator.
ARTICLE VIII
INTERPRETATION
THE PARTIES HERETO AGREE THAT THE INTERPRETATION AND PERFORMANCE OF
THIS SERVICE AGREEMENT MUST BE IN ACCORDANCE WITH THE LAWS OF THE STATE
OF WISCONSIN WITHOUT RECOURSE TO THE LAW GOVERNING CONFLICT OF LAWS
WHICH WOULD REQUIRE THE APPLICATION OF THE LAWS OF ANOTHER STATE.
ARTICLE IX
FURTHER AGREEMENT
[If none, so state] [Particulars of any agreement pursuant to
Section 27 of the GT&C to be included here]
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