Stingray Pipeline Company, L. L. C.

Third Revised Volume No. 1

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Effective Date: 11/01/2008, Docket: RP08-436-000, Status: Effective

First Revised Sheet No. 323 First Revised Sheet No. 323

Superseding: Original Revised Sheet No. 323

 

(iii) if required by Stingray, Assignee providing a corporate

guarantee or other security, consistent with the

creditworthiness provisions of Stingray's Tariff that is

acceptable to Stingray in its sole discretion;

(iv) Stingray and Assignee executing a transportation service

agreement (which shall include the discounted transportation

rate for the Dedicated Reserves), consistent with the

applicable Form of Service Agreement set forth in Stingray's

Tariff, for the transportation of the Dedicated Reserves;

provided that, for purposes of Section 3 of the General

Terms and Conditions of Stingray's FERC Gas Tariff, the

effective date for this transportation service agreement

between Stingray and Assignee shall be deemed to be the

effective date of the ITS Agreement between Stingray and

Shipper; and

(v) Stingray and Assignee executing a new Reserve Dedication

Agreement with Stingray upon substantially similar terms and

conditions as that contained in this Agreement between

Stingray and Shipper including without limitation dedication

to transportation by Stingray of all the Dedicated Reserves

purchased by Assignee.

 

4.4 No Third Party Beneficiaries. This Agreement shall not create any

rights in any third parties, and no provision of this Agreement shall be

construed as creating any obligations for the benefit of, or rights in

favor of, any person or entity other than Stingray or Shipper.

 

4.5 Conformance to Law. It is understood that performance hereunder shall

be subject to all valid laws, orders, rules and regulations of duly

constituted governmental authorities having jurisdiction or control of

the matters related hereto.

 

4.6 GOVERNING LAW. THE CONSTRUCTION, INTERPRETATION, AND ENFORCEMENT OF THIS

AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, EXCLUDING

ANY CONFLICT OF LAW RULE WHICH WOULD REFER ANY MATTER TO THE LAWS OF A

JURISDICTION OTHER THAN THE STATE OF TEXAS.

 

4.7 Entire Agreement. This Agreement contains the entire agreement between

Stingray and Shipper with respect to the subject matter herein as of the

effective date hereof, and supersedes any and all prior understandings

and agreements between the parties, whether oral or written, concerning

the subject matter herein, and any and all such prior understandings and

agreements are hereby deemed to be void and of no effect. No amendments

to or modifications of this Agreement shall be effective unless agreed

upon in a written instrument executed by Stingray and Shipper which

expressly refers to this Agreement.