Ozark Gas Transmission, L. L. C.

First Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 11/16/2009, Docket: RP09-1040-000, Status: Effective

Original Sheet No. 240 Original Sheet No. 240

 

FORM OF SERVICE AGREEMENT FOR

CAPACITY RELEASE UMBRELLA AGREEMENT UNDER

RATE SCHEDULES FTS AND FSS

(continued)

 

ARTICLE V

 

INTERPRETATION

 

The interpretation and performance of this Umbrella Service Agreement

shall be in accordance with the laws of the State of __________, without

recourse to the law governing conflict of laws.

 

This Umbrella Service Agreement and the obligations of the parties are

subject to all present and future valid laws with respect to the subject

matter, either State or Federal, and to all valid present and future orders,

rules, and regulations of duly constituted authorities having jurisdiction.

 

ARTICLE VI

 

RELATIONSHIP BETWEEN REPLACEMENT SHIPPER

AND RELEASING SHIPPER

 

The parties recognize that, pursuant to Commission orders, Releasing

Shipper may require that the Replacement Shipper agree that a breach of this

Agreement, including a failure to pay, or to pay timely, by Replacement

Shipper under this Agreement, constitutes a breach of contract as between

Replacement Shipper and Releasing Shipper. The existence of such an agreement

will be indicated on the appropriate Addendum to this Capacity Release

Umbrella Agreement. If Replacement Shipper fails to pay Transporter, fails to

timely pay Transporter, or otherwise breaches this Agreement with Transporter:

(a) both Replacement Shipper and Releasing Shipper (except to the extent

otherwise provided in Section 14 of the General Terms and Conditions and

except with respect to penalties attributable to Replacement Shipper's

conduct) shall be liable to Transporter for such failure to pay or breach (it

being understood that nothing in this Article VI relieves Releasing Shipper

from responsibility to pay Transporter in accordance with its service

agreements with Transporter) and (b) if, as a result of such breach by

Replacement Shipper, Releasing Shipper is accordingly required to pay

Transporter or otherwise perform, Releasing Shipper may have a cause of action

for breach against Replacement Shipper.

 

IN WITNESS WHEREOF, the parties hereto have caused this Umbrella Service

Agreement to be signed by their respective Presidents, Vice Presidents or

other duly authorized agents and their respective corporate seals to be hereto

affixed and attested by their respective Secretaries or Assistant Secretaries,

the day and year first above written.

 

 

OZARK GAS TRANSMISSION, L.L.C.

 

 

 

By ___________________________________

 

 

 

 

______________________________________

 

 

 

By ___________________________________