T.W. Phillips Pipeline Corp.

Original Volume No. 1

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Effective Date: 01/01/2010, Docket: RP10-141-000, Status: Effective

Original Sheet No. 115 Original Sheet No. 115

 

T. W. PHILLIPS PIPELINE CORP.

FORM OF CAPACITY RELEASE TRANSPORTATION SERVICE AGREEMENT

 

ARTICLE VII – MISCELLANEOUS PROVISIONS

 

7.1. No waiver by any party of any one or more defaults by the other in the performance of any

provisions of this Agreement shall operate or be construed as a waiver of any future

default or defaults, whether of a like or of a different character.

 

7.2. The headings of the articles of this Agreement are inserted for convenience of reference

only and shall not affect the meaning or construction thereof.

 

7.3. The interpretation and performance of this Agreement shall be in accordance with and

controlled by the laws of the State of Pennsylvania, without regard to choice of law

doctrine that refers to the laws of another jurisdiction.

 

7.4. This Agreement, including all provisions expressly incorporated by reference, constitutes

the entire agreement between the parties pertaining to the subject matter hereof and

supersedes all prior agreements, representations, and understandings, written or oral,

pertaining thereto. Except as otherwise provided herein, any modifications, amendments

or changes to this Agreement shall be binding upon the parties only if agreed upon in a

written instrument executed by both Parties which expressly refers to this Agreement.

 

7.5. Except for changes specifically authorized pursuant to this Agreement, no modifications

of or supplement to the terms and conditions hereof shall be or become effective until

Shipper has submitted a request for change to Transporter and Shipper has been notified

by Transporter of Transporter’s agreement to such change.