Ozark Gas Transmission, L. L. C.
First Revised Volume No. 1
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Effective Date: 11/16/2009, Docket: RP09-1040-000, Status: Effective
Original Sheet No. 240 Original Sheet No. 240
FORM OF SERVICE AGREEMENT FOR
CAPACITY RELEASE UMBRELLA AGREEMENT UNDER
RATE SCHEDULES FTS AND FSS
The interpretation and performance of this Umbrella Service Agreement
shall be in accordance with the laws of the State of __________, without
recourse to the law governing conflict of laws.
This Umbrella Service Agreement and the obligations of the parties are
subject to all present and future valid laws with respect to the subject
matter, either State or Federal, and to all valid present and future orders,
rules, and regulations of duly constituted authorities having jurisdiction.
RELATIONSHIP BETWEEN REPLACEMENT SHIPPER
AND RELEASING SHIPPER
The parties recognize that, pursuant to Commission orders, Releasing
Shipper may require that the Replacement Shipper agree that a breach of this
Agreement, including a failure to pay, or to pay timely, by Replacement
Shipper under this Agreement, constitutes a breach of contract as between
Replacement Shipper and Releasing Shipper. The existence of such an agreement
will be indicated on the appropriate Addendum to this Capacity Release
Umbrella Agreement. If Replacement Shipper fails to pay Transporter, fails to
timely pay Transporter, or otherwise breaches this Agreement with Transporter:
(a) both Replacement Shipper and Releasing Shipper (except to the extent
otherwise provided in Section 14 of the General Terms and Conditions and
except with respect to penalties attributable to Replacement Shipper's
conduct) shall be liable to Transporter for such failure to pay or breach (it
being understood that nothing in this Article VI relieves Releasing Shipper
from responsibility to pay Transporter in accordance with its service
agreements with Transporter) and (b) if, as a result of such breach by
Replacement Shipper, Releasing Shipper is accordingly required to pay
Transporter or otherwise perform, Releasing Shipper may have a cause of action
for breach against Replacement Shipper.
IN WITNESS WHEREOF, the parties hereto have caused this Umbrella Service
Agreement to be signed by their respective Presidents, Vice Presidents or
other duly authorized agents and their respective corporate seals to be hereto
affixed and attested by their respective Secretaries or Assistant Secretaries,
the day and year first above written.
OZARK GAS TRANSMISSION, L.L.C.