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. 321 First Revised Sheet No. 321
Superseding: Original Sheet No. 321
FORM OF SERVICE AGREEMENT
ENHANCED HUB SERVICES
(APPLICABLE TO RATE SCHEDULES EPS AND ELS)
Section 9. Transfer and Assignment of All Agreements. Any company which shall
succeed 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 the Agreement or any of the rights or
obligations thereunder shall be made by Customer, except pursuant to the General
Terms and Conditions of Operator’s FERC Gas Tariff.
It is agreed, however, that the restrictions on assignment contained in the
Section shall not in any way prevent either party to the contract from pledging or
mortgaging its rights thereunder 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respecting the subject matter hereof are superseded by this Agreement.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.