PetroLogistics Natural Gas Storage LLC

Original Volume No. 1

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Effective Date: 06/03/2009, Docket: RP09-577-000, Status: Effective

Original Sheet No. 217 Original Sheet No. 217

 

pursuant to which service hereunder is rendered or (b) any provision of the General Terms and

Conditions applicable to this Umbrella Service Agreement. PetroLogistics agrees that the

Replacement Shipper may protest or contest the aforementioned filings, and the Replacement

Shipper does not waive any rights it may have with respect to such filings.

Section 4. Notices. Except as herein otherwise provided or as provided in

the General Terms and Conditions of this FERC Gas Tariff, any notice, request, demand,

statement, bill or payment provided for in this Umbrella Service Agreement, or any notice

which any party may desire to give to the other, shall be in writing and shall be considered

as duly delivered when mailed by registered certified, or regular mail to the post office

address of the parties hereto, as the case may be, as follows:

PetroLogistics: PetroLogistics Natural Gas Storage LLC

Two Houston Center

909 Fannin Street, Suite 2630

Houston, TX 77010

Shipper: ______________________________

______________________________

______________________________

Attention: ______________________________

or to such other address as either Party shall designate by formal written notice to the

other.

Section 5. Interpretation. THE INTERPRETATION AND PERFORMANCE OF THIS UMBRELLA

SERVICE AGREEMENT SHALL BE IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT

RECOURSE TO THE LAW GOVERNING CONFLICT OF LAWS.

This Umbrella Service Agreement and the obligations of the parties are subject to all

present and future valid laws with respect to the subject matter, either State or Federal,

and to all valid present and future orders, rules and regulations of duly constituted

authorities having jurisdiction.

Section 6. Relationship Between Replacement Shipper and Releasing Shipper.

The parties recognize that, pursuant to Commission orders, Releasing Shipper may require

that the Replacement Shipper agree that a breach of this Agreement, including a failure to

pay, or to pay timely, by Replacement Shipper under this Agreement, constitutes a breach

of contract as between Replacement Shipper and Releasing Shipper. The existence of such

an agreement will be indicated on the appropriate Addendum to this Capacity Release

Umbrella Agreement. If Replacement Shipper fails to pay PetroLogistics, fails to timely

pay PetroLogistics, or otherwise breaches this Agreement with PetroLogistics: (a) both

Replacement Shipper and Releasing Shipper (except to the extent otherwise provided in

Section 8 of the General Terms and Conditions and except with respect to penalties

attributable to Replacement Shipper's conduct) shall be liable to PetroLogistics for

such failure to pay or breach (it being understood that nothing in this Section 6 relieves

Releasing Shipper from responsibility to pay PetroLogistics in accordance with its service

agreements with PetroLogistics) and (b) if, as a result of such breach by Replacement

Shipper, Releasing Shipper is accordingly required to pay PetroLogistics or otherwise

perform, Releasing Shipper may have a cause of action for breach against Replacement Shipper.