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.]