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. 350 Second Revised Sheet No. 350

Superseding: First Revised Sheet No. 350

 

FORM OF SERVICE AGREEMENT

FOR RATE SCHEDULE IT-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 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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