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)

(Continued)

 

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matter hereof are superseded by this Agreement.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.