Pine Prairie Energy Center, LLC

Original Volume No. 1

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Effective Date: 09/01/2007, Docket: RP07-563-000, Status: Effective

Original Sheet No. 220 Original Sheet No. 220 : Effective

 

FIRM LOAN SERVICE AGREEMENT

(Continued)

 

(For Use Under Rate Schedule FL)

 

ARTICLE VII - TRANSFER AND ASSIGNMENT OF ALL AGREEMENTS

 

Any company which shall succeed by purchase, merger or

consolidation to the properties, substantially as an entirety, of

PPEC or of Customer, as the case may be, shall be entitled to the

rights and shall be subject to the obligations of its predecessor

in title under this Agreement. Otherwise, no assignment of this

Agreement or any of the rights or obligations thereunder shall be

made by Customer, except pursuant to the General Terms and

Conditions of PPEC's FERC Gas Tariff.

 

It is agreed, however, that the restrictions on assignment

contained in this Article shall not in any way prevent either

Party to the Agreement from pledging or mortgaging its rights

thereunder as security for its indebtedness.

 

ARTICLE VIII - LAW OF AGREEMENT

 

THE INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT SHALL BE IN

ACCORDANCE WITH AND CONTROLLED BY THE LAWS OF THE STATE OF TEXAS,

WITHOUT REGARD TO DOCTRINES GOVERNING CHOICE OF LAW.

 

ARTICLE IX - LIMITATION OF REMEDIES, LIABILITY AND DAMAGES

 

Unless expressly herein provided, neither Party shall be liable to

the other for indirect, special, consequential, incidental,

punitive or exemplary damages.

 

ARTICLE X - PRIOR AGREEMENTS CANCELLED

 

PPEC and Customer agree that this Agreement, as of the date

hereof, shall supersede and cancel the following Agreement(s)

between the parties hereto:

 

Storage Service Agreement, dated ________________, ____.