Guardian Pipeline, L.L.C.

Original Volume No. 1

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Effective Date: 12/01/2002, Docket: RP03- 56-000, Status: Effective

Original Sheet No. 374 Original Sheet No. 374 : Effective

 

 

 

FORM OF SERVICE AGREEMENT

FOR RATE SCHEDULE PAL (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.

 

ARTICLE IX

FURTHER AGREEMENT

 

[If none, so state] [Particulars of any agreement pursuant to

Section 26.1 or Section 26.2 of the GT&C to be included here.]