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

Original Sheet No. 333 Original Sheet No. 333

 

an assignment of Shipper's capacity under Section 21 of Rate

Schedule FTS-2 and Section 8 of Shipper's FTS-2 Agreement;

 

(ii) if required by Stingray, Assignee providing Stingray

confirmation of Assignee's acceptance of a discounted

transportation rate from Stingray for the Dedicated Reserves

to be transported on Stingray consistent with the discounted

transportation rate that Shipper received from Stingray for

the transportation of the Dedicated Reserves;

 

(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; and

 

(iv) 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.

 

(c) No permitted assignment of this Agreement shall relieve Shipper of

its obligations under this Agreement.

 

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.