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. 235 Original Sheet No. 235
INTERRUPTIBLE HOURLY BALANCING SERVICE AGREEMENT
(For Use Under Rate Schedule IHBS)
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
TRES PALACIOS 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 TRES PALACIOS' 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
TRES PALACIOS 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 ___________________, ____.
ARTICLE XI - WAREHOUSEMEN'S LIEN
11.1 CUSTOMER HEREBY ACKNOWLEDGES THAT TRES PALACIOS SHALL BE
ENTITLED TO, AND TRES PALACIOS HEREBY CLAIMS, A LIEN ON ALL GAS
RECEIVED BY TRES PALACIOS FROM CUSTOMER, AND ALL PROCEEDS THEREOF,
UPON SUCH RECEIPT BY TRES PALACIOS, AS PROVIDED IN SECTION 7-209
OF THE TEXAS UNIFORM COMMERCIAL CODE WITH THE RIGHTS OF
ENFORCEMENT AS PROVIDED THEREIN AND HEREIN. IN NO WAY LIMITING THE
FOREGOING, CUSTOMER HEREBY ACKNOWLEDGES THAT TRES PALACIOS SHALL
BE ENTITLED TO, AND TRES PALACIOS HEREBY CLAIMS, A LIEN FOR ALL
CHARGES FOR STORAGE OR TRANSPORTATION (INCLUDING DEMURRAGE AND
TERMINAL CHARGES), INSURANCE, LABOR, OR CHARGES PRESENT OR FUTURE
IN RELATION TO THE RECEIVED GAS, AND FOR EXPENSES NECESSARY FOR
PRESERVATION OF THE RECEIVED GAS OR REASONABLY INCURRED IN THE
SALE THEREOF, PURSUANT TO LAW, AND THAT SUCH LIEN SHALL EXTEND TO
LIKE CHARGES AND EXPENSES IN RELATION TO ALL SUCH RECEIVED GAS.