Monroe Gas Storage Company, LLC

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

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)

(Continued)

 

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respecting the subject matter hereof are superseded by this Agreement.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.