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. 365 Second Revised Sheet No. 365
Superseding: First Revised Sheet No. 365
FORM OF SERVICE AGREEMENT
FOR RATE SCHEDULE EAW (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 REGARDING THE CONFLICT OF LAWS
WHICH WOULD REQUIRE THE APPLICATION OF THE LAWS OF ANOTHER STATE.
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