Empire Pipeline, Inc.
Original Volume No. 1
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Effective Date: 12/10/2008, Docket: CP06-5-010, Status: Effective
Original Sheet No. 441 Original Sheet No. 441
FORM OF SERVICE AGREEMENT
ARTICLE VII (Cont'd.)
7. The subject headings of the articles of this Agreement are
inserted for the purpose of convenient reference and are not intended to be
a part of the Agreement nor considered in any interpretation of the same.
8. No presumption shall operate in favor of or against either party
hereto as a result of any responsibility either party may have had for
drafting this Agreement.
9. THE INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT SHALL BE IN
ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT RECOURSE TO THE
LAW REGARDING THE CONFLICT OF LAWS.
10. It is expressly agreed that there is no Third Party Beneficiary
of this Agreement, and that the provisions of this Agreement and the General
Terms and Conditions do not impart enforceable rights in anyone who is not a
party or successor or assignee of any party to this Agreement.
11. Any Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, but all of which together shall
constitute but one and the same instrument.
12. This Agreement supersedes and cancels the following contract(s)
between the Parties to be effective ____________________.
[13.] [If service is provided under Subpart 284B of the Commission's
Regulations, a reference thereto would be inserted here.]