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. 336 First Revised Sheet No. 336
Superseding: Original Sheet No. 336
FORM OF SERVICE AGREEMENT FOR
CAPACITY RELEASE UMBRELLA AGREEMENT
UNDER RATE SCHEDULE FSS
(Continued)
(b) Customer has the option, at its sole discretion, to elect whether to
include as part of this Agreement: (i) the limitation of liability provision
pursuant to Section 5 below; and (ii) the waiver of jury trial provision pursuant to
Section 8 below. If Customer wishes to include either of such provisions Customer
must indicate such election by checking the appropriate box in Sections 5 or 8 and
placing a duly authorized representative’s initials beside same. Failure to make an
election pursuant to Section 5 or Section 8 shall result in such provision(s) being
excluded within the terms of this Agreement. Customer’s election of either
provision pursuant to Section 5 or Section 8 is not a condition for obtaining
service under this Agreement and Operator’s Tariff and shall not affect any other
provision of this Agreement. All rates, conditions and terms of service provided
for in this Agreement and Operator’s Tariff, as applicable, are available to
Customer regardless of any election made pursuant to Sections 5 and 8 below. In the
event that this Agreement is executed in multiple parts, the original executed by
Customer shall control what service options have been elected.
Upon the finalization of an Addendum, subject to the terms, conditions and
limitations hereof and of Operator’s Rate Schedule FSS, Operator agrees to provide
the released service for Replacement Customer under the applicable rate schedule,
provided however, the Replacement Customer qualified under the financial evaluation
and credit appraisal requirements set forth in Section 2 of Operator’s General Terms
and Conditions at the time it submitted the bid Operator accepted with respect to
such release.
Replacement Customer hereby agrees to promptly provide any information
necessary for Operator to reevaluate Operator’s credit appraisal as contemplated by
Section 2 of Operator’s General Terms and Conditions and to advise Operator of any
material change in the information previously provided by the Replacement Customer
to Operator.
Section 2. Term. This Agreement shall become effective on _________________
and shall remain in force and effect until ________________ and thereafter, unless
this Umbrella Service Agreement is terminated as hereinafter provided. If Operator
determines at any time that Replacement Customer fails to meet the financial
standards or credit criteria of Section 2 of the General Terms and Conditions,
Operator may terminate this Agreement and all Addenda attached hereto prospectively
in accordance with Section 2 the General Terms and Conditions.