Empire Pipeline, Inc.

Original Volume No. 1

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Effective Date: 12/10/2008, Docket: CP06-5-010, Status: Effective

Original Sheet No. 441 Original Sheet No. 441

 

FORM OF SERVICE AGREEMENT

(IT Service)

 

 

 

ARTICLE VII (Cont'd.)

 

 

7. The subject headings of the articles of this Agreement are

inserted for the purpose of convenient reference and are not intended to be

a part of the Agreement nor considered in any interpretation of the same.

 

 

8. No presumption shall operate in favor of or against either party

hereto as a result of any responsibility either party may have had for

drafting this Agreement.

 

 

9. THE INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT SHALL BE IN

ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT RECOURSE TO THE

LAW REGARDING THE CONFLICT OF LAWS.

 

 

10. It is expressly agreed that there is no Third Party Beneficiary

of this Agreement, and that the provisions of this Agreement and the General

Terms and Conditions do not impart enforceable rights in anyone who is not a

party or successor or assignee of any party to this Agreement.

 

 

11. Any Agreement may be executed in any number of counterparts,

each of which shall be deemed an original, but all of which together shall

constitute but one and the same instrument.

 

 

12. This Agreement supersedes and cancels the following contract(s)

between the Parties to be effective ____________________.

 

 

[13.] [If service is provided under Subpart 284B of the Commission's

Regulations, a reference thereto would be inserted here.]