Tres Palacios Gas Storage LLC

Original Volume No. 1

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Effective Date: 08/01/2008, Docket: RP08-424-000, Status: Effective

Original Sheet No. 205 Original Sheet No. 205




(For Use Under Rate Schedule FSS)


12.3. 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.


12.4. 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.


12.5. 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 TRES PALACIOS or Customer.


12.6. 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.






By _________________________









By _________________________