Transwestern Pipeline Company, LLC

Third Revised Volume No. 1

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Effective Date: 04/01/2008, Docket: RP08-232-000, Status: Effective

Second Revised Sheet No. 240 Second Revised Sheet No. 240 : Effective

Superseding: First Revised Sheet No. 240

 

 

RATE SCHEDULE SP-1

FORM OF SERVICE AGREEMENT

(continued)

 

 

7. Texas Law. THIS SERVICE AGREEMENT SHALL BE INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE

STATE OF TEXAS, WITHOUT REGARD TO CHOICE OF LAW PROVISIONS. IN NO EVENT SHALL EITHER PARTY BE LIABLE

TO THE OTHER FOR ANY LOST OR PROSPECTIVE PROFITS OR ANY OTHER SPECIAL, PUNITIVE, EXEMPLARY,

CONSEQUENTIAL, INCIDENTAL OR INDIRECT LOSSES OR DAMAGES (IN TORT, CONTRACT OR OTHERWISE) UNDER OR IN

RESPECT OF THIS SERVICE AGREEMENT OR FOR ANY FAILURE OF PERFORMANCE RELATED HERETO HOWSOEVER CAUSED,

WHETHER OR NOT ARISING FROM A PARTY'S SOLE, JOINT OR CONCURRENT NEGLIGENCE.

 

8. Other Provisions. The Parties agree that facsimile copies, when properly executed and

transmitted, shall be considered for all purposes to be an original contract, and shall be deemed for

all purposes to be binding agreements. To submit a Service Agreement via fax, the entire Service

Agreement must be faxed to Transporter, Attn: Commercial Group, 711 Louisiana Street, Suite 900,

Houston, Texas 77002 at (281) 714-2179. The Service Agreement must also be properly executed. Upon

Shipper's request, Transporter will furnish Shipper with a paper copy of the executed Service

Agreement.

 

Any notice, statement, or bill provided for in this Service Agreement shall be in

writing and shall be considered as having been given if delivered personally, or if mailed

by United States mail, postage prepaid, or if sent by express mail, overnight delivery,

telex, telecopy or other mutually