Monroe Gas Storage Company, LLC
Original Volume No. 1
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Effective Date: 04/21/2010, Docket: RP09-447-004, Status: Effective
First Revised Sheet No. 304 First Revised Sheet No. 304
Superseding: Original Sheet No. 304
FORM OF SERVICE AGREEMENT
(APPLICABLE TO RATE SCHEDULE FSS)
Section 9. Transfer and Assignment of All Agreements. Any company that
succeeds by purchase, merger, or consolidation to the properties, substantially as
an entirety, of Operator 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 hereunder shall be made by Customer, except pursuant to the
General Terms and Conditions of Operator’s 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 hereunder as security for its indebtedness.
Section 10. Optional Waiver of Jury Trial.
__ _____ (Check and initial only if applicable). EACH PARTY HERETO WAIVES,
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL
BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING
TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON
CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY (A) CERTIFIES THAT NO
REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR
OTHERWISE, TO THE CERTIFYING PARTY’S KNOWLEDGE, THAT SUCH OTHER PARTY WOULD NOT, IN
THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES
THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT
BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 10.
Section 11. Miscellaneous
(a) 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matter hereof are superseded by this Agreement.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.
(b) 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.