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. 224 Original Sheet No. 224
FIRM LOAN SERVICE AGREEMENT
(For Use Under Rate Schedule FL)
11.2. No waiver by a Party of any default(s) by the other
Party in the performance of any provision, condition or
requirement of this Agreement shall operate or be construed as a
waiver of any future default(s), whether of a like or of a
different character, nor in any manner release the defaulting
Party from performance of any other provision, condition or
requirement set forth herein.
11.3. If any provision of this Agreement is declared null and void
or voidable by a court of competent jurisdiction, such declaration
shall in no way affect the validity or effectiveness of the other
provisions of this Agreement, which shall remain in full force and
effect, and the Parties shall thereafter use their commercially
reasonable efforts to agree upon an equitable adjustment of the
provisions of this Agreement with a view to effecting its purpose.
11.4. No presumption shall operate in favor of or against any
Party as a result of any responsibility or role that any Party may
have had in the drafting of this Agreement.
11.5. This Agreement shall not create any rights in third
parties, and no provisions hereof shall be construed as creating
any obligations for the benefit of, or rights in favor of, any
person or entity other than TRES PALACIOS or Customer.
11.6. This Agreement may be executed in counterparts, and all such
executed counterparts shall form part of this Agreement. A
signature delivered by facsimile shall be deemed to be an original
signature for purposes of this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
duly executed in several counterparts by their authorized agents
as of the date first written above.
TRES PALACIOS GAS STORAGE LLC