Tres Palacios Gas Storage LLC
Original Volume No. 1
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Effective Date: 08/01/2008, Docket: RP08-424-000, Status: Effective
Original Sheet No. 210 Original Sheet No. 210
NO-NOTICE STORAGE SERVICE AGREEMENT
(For Use Under Rate Schedule NNSS)
ARTICLE VI - TRANSFER AND ASSIGNMENT OF ALL AGREEMENTS
Any company which shall succeed by purchase, merger or
consolidation to the properties, substantially as an entirety, of
TRES PALACIOS 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 TRES PALACIOS' 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 VII - 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 VIII - 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 IX - PRIOR AGREEMENTS CANCELLED
TRES PALACIOS 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 ________________, ____.
ARTICLE X - MISCELLANEOUS
10.1. This Agreement sets forth all understandings and agreements
between the Parties respecting the subject matter hereof, and all
prior agreements, understandings and representations, whether
written or oral, respecting the subject matter hereof are
superseded by this Agreement. No modification of the terms and
provisions of this Agreement shall be made except by the execution
by both Parties of a written agreement.