Ozark Gas Transmission, L. L. C.

First Revised Volume No. 1

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Effective Date: 11/01/2008, Docket: RP08-617-000, Status: Effective

Original Sheet No. 215 Original Sheet No. 215

 

FORM OF FIRM STORAGE SERVICE AGREEMENT (continued)

 

ARTICLE VIII

 

MISCELLANEOUS

 

8.1 Amendment. This Agreement shall only be amended, varied or

modified by an instrument in writing executed by Transporter and

Shipper. Such amendment will be effective upon compliance with

this Section.

8.2 Applicable Law. This Agreement and the rights and duties of

Transporter and Shipper hereunder shall be governed by and

interpreted in accordance with the laws of the State of Oklahoma,

without recourse to the law governing conflict of laws.

 

8.3 Waiver. No waiver by either Transporter or Shipper of any

default by the other in the performance of any provision,

condition or requirement herein shall be deemed a waiver of, or in

any manner release from, performance of any other provision,

condition or requirement herein, nor deemed to be a waiver of, or

in any manner release from, future performance of the same

provision, condition or requirement; nor shall any delay or

omission by Transporter or Shipper to exercise any right hereunder

impair the exercise of any such right or any like right accruing

to it thereafter.

 

8.4 Headings. The headings of each of the various sections in

this Agreement are included for convenience of reference only and

shall have no effect on, nor be deemed part of the text of, this

Agreement.

 

8.5 Further Assurances. Transporter and Shipper shall execute

and deliver all instruments and documents and shall do all acts

necessary from time to time to effectuate this Agreement.

 

8.6 Entire Agreement. This Agreement constitutes the entire

agreement between Transporter and Shipper concerning the subject

matter hereof and supersedes all prior understandings and written

and oral agreements relative to said matter.

 

8.7 Cancellation of Prior Agreement(s). This Agreement, upon its

effective date, supersedes and cancels _________________/ [any and

all other agreements] between Transporter and Shipper relating to

the transportation of Natural Gas by Transporter for Shipper.