Pine Prairie Energy Center, LLC
Original Volume No. 1
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Effective Date: 09/01/2007, Docket: RP07-563-000, Status: Effective
Original Sheet No. 203 Original Sheet No. 203 : Effective
FIRM STORAGE SERVICE AGREEMENT
(For Use Under Rate Schedule FSS)
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
PPEC 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 PPEC'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.
ARTICLE X - PRIOR AGREEMENTS CANCELLED
PPEC 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 ________________, ____.