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. 346 Second Revised Sheet No. 346

Superseding: First Revised Sheet No. 346

 

FORM OF SERVICE AGREEMENT

FOR THE ELECTRONIC INFORMATION MANAGEMENT SYSTEM

(Continued)

 

or to such other addresses as either Party shall designate by completing and

submitting the information required by the Contact Information Form, as such form

is amended from time to time and posted on the Electronic Information Management

System.

 

Section 4 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.

 

Section 5 Agreements Being Superseded. When this Electronic Information

Management System Agreement becomes effective, it shall supersede any Electronic

Information Management System Agreement(s) between the parties hereto with an

earlier execution date.

 

Section 6. 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 6.