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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