Petal Gas Storage Company

Original Volume No. 1

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Effective Date: 08/16/1999, Docket: RP99-443-000, Status: Effective

Original Sheet No. 206 Original Sheet No. 206 : Effective

 

Form of Interruptible Storage Service Agreement

(continued)

 

ARTICLE XI - LAW OF AGREEMENT

 

THE INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT SHALL BE IN ACCORDANCE

WITH AND CONTROLLED BY THE LAWS OF THE STATE OF MISSISSIPPI, WITHOUT REGARD

TO DOCTRINES GOVERNING CHOICE OF LAW.

 

ARTICLE XII - MISCELLANEOUS

 

1. No change, modification or alteration of this Agreement shall be or

become effective until executed in writing by the parties hereto, and

no course of dealing between the parties shall be construed to alter

the terms hereof, except as expressly stated herein.

 

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

performance of any provisions of the Agreement shall operate or be

construed as a waiver of any other default or defaults, whether of a

like or of a different character.

 

3. Petal and Customer shall proceed with due diligence to obtain such

governmental and other regulatory authorizations as may be required

for the rendition of the services contemplated herein, provided that

Petal reserves the right to file and prosecute applications for such

authorizations, any supplements or amendments thereto and, if

necessary, any court review, in such manner as it deems to be in its

best interest, including the right to withdraw the application or to

file pleadings and motions (including motions for dismissal).

 

4. This Agreement and the respective obligations of the parties hereunder

are subject to all present and future valid laws, orders, rules, and

regulations of constituted authorities having jurisdiction over the

parties, their functions or gas supply, this Agreement or any

provision hereof. Neither party shall be held in default for failure

to perform hereunder if such failure is due to compliance with laws,

orders, rules or regulations of any such duly constituted authorities.

 

5. If any provision of this Agreement is declared null and void, or

voidable, by a court of competent jurisdiction, then that provision

will be considered severable at either party's option; and if the

severability option is exercised, the remaining provisions of the

Agreement shall remain in full force and effect.

 

6. 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.