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. 316 Second Revised Sheet No. 316
Superseding: First Revised Sheet No. 316
FORM OF SERVICE AGREEMENT
FOR RATE SCHEDULE OSS (Continued)
ARTICLE VI
GOVERNMENTAL AUTHORIZATIONS
It is hereby agreed that off-system storage service under this Service
Agreement shall be implemented pursuant to applicable authorizations or
programs of the FERC for which Transporter has filed or in which Transporter
has agreed to participate.
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.
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