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. 339 First Revised Sheet No. 339

Superseding: Original Sheet No. 339

 

FORM OF SERVICE AGREEMENT FOR

CAPACITY RELEASE UMBRELLA AGREEMENT

UNDER RATE SCHEDULE FSS

(Continued)

 

Section 7. 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 8. 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 8.

 

Section 9. 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the subject matter hereof are superseded by this Agreement.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.