Bluewater Gas Storage, LLC
Original Volume No. 1
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Effective Date: 12/13/2008, Docket: RP09-75-000, Status: Effective
First Revised Sheet No. 243 First Revised Sheet No. 243
Superseding: Original Sheet No. 243
FORM OF SERVICE AGREEMENT FOR
CAPACITY RELEASE UMBRELLA AGREEMENT UNDER
RATE SCHEDULES FSS, NNSS, FP AND FL
(Continued)
(a) BLUEWATER: __________________________________
__________________________________
__________________________________
(b) Replacement Customer: ________________________________
________________________________
________________________________
or such other address as either Party shall designate by formal
written notice. In all instances, the Parties shall use their
best efforts to provide notice by facsimile prior to 5 p.m.
Central Time. Notice received before 5 p.m. Central Time shall be
deemed effective the day of receipt. Notice received after 5 p.m.
Central Time shall be deemed effective the day following receipt.
ARTICLE V
INTERPRETATION
THE INTERPRETATION AND PERFORMANCE OF THIS CAPACITY RELEASE
UMBRELLA AGREEMENT SHALL BE IN ACCORDANCE WITH THE LAWS OF THE
STATE OF TEXAS, WITHOUT RECOURSE TO THE LAW GOVERNING CONFLICT OF
LAWS.
This Capacity Release Umbrella Agreement and the obligations
of the parties are subject to all present and future valid laws
with respect to the subject matter, either State or Federal, and
to all valid present and future orders, rules, and regulations of
duly constituted authorities having jurisdiction.
ARTICLE VI
RELATIONSHIP BETWEEN REPLACEMENT CUSTOMER
AND RELEASING CUSTOMER
The parties recognize that, pursuant to Commission orders,
Releasing Customer may require that the Replacement Customer agree
that a breach of this Capacity Release Umbrella Agreement,
including a failure to pay, or to pay timely, by Replacement
Customer under this Capacity Release Umbrella Agreement,
constitutes a breach of contract as between Replacement Customer
and Releasing Customer. The existence of such an agreement will
be indicated on the appropriate Addendum to this Capacity Release
Umbrella Agreement. If Replacement Customer fails to pay
BLUEWATER, fails to timely pay BLUEWATER, or otherwise breaches
this Capacity Release Umbrella Agreement with BLUEWATER: (a) both
Replacement Customer and Releasing Customer (except to the extent
otherwise provided in Section 4 of the General Terms and
Conditions and except with respect to penalties attributable to
Replacement Customer's conduct) shall be liable to BLUEWATER for
such failure to pay or breach (it being understood that nothing in
this Article VI relieves