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:
080110