Bluewater Gas Storage, LLC
Original Volume No. 1
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Effective Date: 04/01/2008, Docket: RP08-249-000, Status: Effective
First Revised Sheet No. 232 First Revised Sheet No. 232 : Pending
Superseding: Original Sheet No. 232
INTERRUPTIBLE HOURLY BALANCING SERVICE AGREEMENT
(For Use Under Rate Schedule IHBS)
ARTICLE VII - TRANSFER AND ASSIGNMENT OF ALL AGREEMENTS
Any company which shall succeed by purchase, merger or
consolidation to the properties, substantially as an entirety, of
BLUEWATER or of Customer, as the case may be, shall be entitled to
the rights and shall be subject to the obligations of its
predecessor in title under this Agreement. Otherwise, no
assignment of this Agreement or any of the rights or obligations
thereunder shall be made by Customer, except pursuant to the
General Terms and Conditions of BLUEWATER's FERC Gas Tariff.
It is agreed, however, that the restrictions on assignment
contained in this Article shall not in any way prevent either
Party to the Agreement from pledging or mortgaging its rights
thereunder as security for its indebtedness.
ARTICLE VIII - LAW OF AGREEMENT
THE INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT SHALL BE IN
ACCORDANCE WITH AND CONTROLLED BY THE LAWS OF THE STATE OF TEXAS,
WITHOUT REGARD TO DOCTRINES GOVERNING CHOICE OF LAW.
ARTICLE IX - LIMITATION OF REMEDIES, LIABILITY AND DAMAGES
UNLESS EXPRESSLY HEREIN PROVIDED, NEITHER PARTY SHALL BE LIABLE TO
THE OTHER FOR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL,
PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS
OF VALUE, LOSS OF FINANCIAL ADVANTAGE, LOSS OF PROFIT OR BUSINESS
INTERRUPTIONS, HOWEVER SAME MAY BE CAUSED, BUT SHALL BE LIMITED,
TO ACTUAL DAMAGES ONLY.
ARTICLE X - PRIOR AGREEMENTS CANCELLED
BLUEWATER and Customer agree that this Agreement, as of the date
hereof, shall supersede and cancel the following Agreement(s)
between the parties hereto:
Storage Service Agreement dated ___________________, ____.
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matter hereof are superseded by this Agreement.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.