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. 255 Original Sheet No. 255 : Effective
FORM OF SERVICE AGREEMENT FOR
CAPACITY RELEASE UMBRELLA AGREEMENT UNDER
RATE SCHEDULES FSS, FP AND FL
Releasing Customer from responsibility to pay PPEC in
accordance with its Storage Service Agreements with PPEC) and (b)
if, as a result of such breach by Replacement Customer, Releasing
Customer is accordingly required to pay PPEC or otherwise perform,
Releasing Customer may have a cause of action for breach against
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 VII - MISCELLANEOUS
8.1. 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matter hereof are superseded by this Agreement.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.
8.2. 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.
8.3. 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.
8.4. 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.
8.5. 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 PPEC or Customer.
8.6. 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.