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. 235 Original Sheet No. 235

 

INTERRUPTIBLE HOURLY BALANCING SERVICE AGREEMENT

(Continued)

 

(For Use Under Rate Schedule IHBS)

 

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

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 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

 

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 XI - WAREHOUSEMEN'S LIEN

 

11.1 CUSTOMER HEREBY ACKNOWLEDGES THAT TRES PALACIOS SHALL BE

ENTITLED TO, AND TRES PALACIOS HEREBY CLAIMS, A LIEN ON ALL GAS

RECEIVED BY TRES PALACIOS FROM CUSTOMER, AND ALL PROCEEDS THEREOF,

UPON SUCH RECEIPT BY TRES PALACIOS, AS PROVIDED IN SECTION 7-209

OF THE TEXAS UNIFORM COMMERCIAL CODE WITH THE RIGHTS OF

ENFORCEMENT AS PROVIDED THEREIN AND HEREIN. IN NO WAY LIMITING THE

FOREGOING, CUSTOMER HEREBY ACKNOWLEDGES THAT TRES PALACIOS SHALL

BE ENTITLED TO, AND TRES PALACIOS HEREBY CLAIMS, A LIEN FOR ALL

CHARGES FOR STORAGE OR TRANSPORTATION (INCLUDING DEMURRAGE AND

TERMINAL CHARGES), INSURANCE, LABOR, OR CHARGES PRESENT OR FUTURE

IN RELATION TO THE RECEIVED GAS, AND FOR EXPENSES NECESSARY FOR

PRESERVATION OF THE RECEIVED GAS OR REASONABLY INCURRED IN THE

SALE THEREOF, PURSUANT TO LAW, AND THAT SUCH LIEN SHALL EXTEND TO

LIKE CHARGES AND EXPENSES IN RELATION TO ALL SUCH RECEIVED GAS.