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
(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.