Tres Palacios Gas Storage LLC

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index



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

Original Sheet No. 224 Original Sheet No. 224




(For Use Under Rate Schedule FL)


11.2. 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.


11.3. 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.


11.4. 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.


11.5. 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.


11.6. 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 _________________________