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. 379A Second Revised Sheet No. 379A

Superseding: First Revised Sheet No. 379A

 

FORM OF SERVICE AGREEMENT

FOR RATE SCHEDULE MA (Continued)

 

ARTICLE VII

NONRECOURSE OBLIGATION OF LIMITED LIABILITY

COMPANY MEMBERS AND OPERATOR

 

Aggregator acknowledges and agrees that (a) Transporter is a Delaware

limited liability company, (b) Aggregator 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

Aggregator shall provide the Operator with a waiver of subrogation of

Aggregator'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.

 

 

ARTICLE IX

CANCELLATION OF PRIOR CONTRACT(S)

 

This Service Agreement supersedes and cancels, as of the effective date

of this Service Agreement, the contract(s) between the parties hereto as

described below:

 

 

 

 

 

 

 

 

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