Bluewater Gas Storage, LLC
Original Volume No. 1
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Effective Date: 12/01/2006, Docket: CP06-351-001, Status: Effective
Original Sheet No. 222 Original Sheet No. 222 : Effective
FIRM LOAN SERVICE AGREEMENT
(For Use Under Rate Schedule FL)
ARTICLE XI - MISCELLANEOUS
11.1. This Agreement sets forth all understandings and agreements
between the Parties respecting the subject matter hereof, and all
prior agreements, understandings and representations, whether
written or oral, respecting the subject matter hereof are superseded
by this Agreement. No modification of the terms and provisions of
this Agreement shall be made except by the execution by both Parties
of a written agreement.
11.2. No waiver by a Party of any default(s) by the other Party
in the performance of any provision, condition or requirement of
this Agreement shall operate or be construed as a waiver of any
future default(s), whether of a like or of a different character,
nor in any manner release the defaulting Party from performance of
any other provision, condition or requirement set forth herein.
11.3. If any provision of this Agreement is declared null and
void or voidable by a court of competent jurisdiction, such
declaration shall in no way affect the validity or effectiveness of
the other provisions of this Agreement, which shall remain in full
force and effect, and the Parties shall thereafter use their
commercially reasonable efforts to agree upon an equitable
adjustment of the provisions of this Agreement with a view to
effecting its purpose.
11.4. No presumption shall operate in favor of or against any
Party as a result of any responsibility or role that any Party may
have had in the drafting of this Agreement.
11.5. This Agreement shall not create any rights in third
parties, and no provisions hereof shall be construed as creating any
obligations for the benefit of, or rights in favor of, any person or
entity other than BLUEWATER or Customer.
11.6. This Agreement may be executed in counterparts, and all
such executed counterparts shall form part of this Agreement. A
signature delivered by facsimile shall be deemed to be an original
signature for purposes of this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
duly executed in several counterparts by their authorized agents as
of the date first written above.
BLUEWATER GAS STORAGE, LLC