Monroe Gas Storage Company, LLC

Original Volume No. 1

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Effective Date: 07/15/2010, Docket: RP10-847-000, Status: Effective

Second Revised Sheet No. 328 Second Revised Sheet No. 328

Superseding: First Revised Sheet No. 328

 

FORM OF SERVICE AGREEMENT

HUB SERVICES

(APPLICABLE TO RATE SCHEDULES IPS, ILS, IWS, IBTS AND IBS)

(Continued)

 

Section 5. Notices. Notices to Operator under this Agreement, shall be

addressed to it at:

 

High Sierra Monroe, LLC

Monroe Gas Storage Company, LLC

3773 Cherry Creek North Drive, Suite 1000

Denver, CO 80209

Attn: Kerry S. Ramsey, Manager, Commercial Services

Telephone: 303-815-1010

Fax: 303-815-1011

Email: kramsey@highsierraenergy.com

 

Notices to Customer shall be addressed to it at:________________________.

 

Such contact information shall be used until changed by either party by

written notice.

 

Section 6. Prior Agreements Cancelled. This Service Agreement supersedes and

cancels, as of the effective date hereof, the following agreement between the

parties hereto:________________________________________.

 

Section 7. Law of Agreement and Optional Limitation of Liability. THE

INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT SHALL BE IN ACCORDANCE WITH AND

CONTROLLED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO DOCTRINES

GOVERNING CHOICE OF LAW. THE PARTIES HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY

CONSENT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK FOR

ANY ACTION, SUIT OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT AND

AGREE NOT TO COMMENCE ANY ACTION, SUIT OR PROCEEDING RELATED THERETO EXCEPT IN SUCH

COURTS. THE PARTIES HERETO FURTHER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE

ANY OBJECTION TO THE LAYING OF VENUE OF ANY ACTION, SUIT OR PROCEEDING ARISING OUT

OF OR RELATING TO THIS AGREEMENT IN THE COURTS OF THE STATE OF NEW YORK, AND HEREBY

FURTHER IRREVOCABLY AND UNCONDITIONALLY WAIVE AND AGREE NOT TO PLEAD OR CLAIM IN

ANY SUCH COURT THAT ANY SUCH ACTION, SUIT OR PROCEEDING BROUGHT IN ANY SUCH COURT

HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

 

_ _____ (CHECK AND INITIAL ONLY IF APPLICABLE). NEITHER PARTY SHALL BE

LIABLE TO THE OTHER PARTY UNDER THIS AGREEMENT FOR ANY SPECIAL, INDIRECT,

INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE HOWEVER ARISING,

INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, EVEN IF SUCH PARTY HAS BEEN MADE

AWARE OF THE POSSIBILITY OF SUCH DAMAGES.