Stingray Pipeline Company, L. L. C.
Third Revised Volume No. 1
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Effective Date: 11/01/2008, Docket: RP08-436-000, Status: Effective
Original Sheet No. 333 Original Sheet No. 333
an assignment of Shipper's capacity under Section 21 of Rate
Schedule FTS-2 and Section 8 of Shipper's FTS-2 Agreement;
(ii) if required by Stingray, Assignee providing Stingray
confirmation of Assignee's acceptance of a discounted
transportation rate from Stingray for the Dedicated Reserves
to be transported on Stingray consistent with the discounted
transportation rate that Shipper received from Stingray for
the transportation of the Dedicated Reserves;
(iii) if required by Stingray, Assignee providing a corporate
guarantee or other security, consistent with the
creditworthiness provisions of Stingray's Tariff that is
acceptable to Stingray in its sole discretion; and
(iv) Stingray and Assignee executing a new Reserve Dedication
Agreement with Stingray upon substantially similar terms and
conditions as that contained in this Agreement between
Stingray and Shipper.
(c) No permitted assignment of this Agreement shall relieve Shipper of
its obligations under this Agreement.
4.4 No Third Party Beneficiaries. This Agreement shall not create any
rights in any third parties, and no provision of this Agreement shall be
construed as creating any obligations for the benefit of, or rights in
favor of, any person or entity other than Stingray or Shipper.
4.5 Conformance to Law. It is understood that performance hereunder shall
be subject to all valid laws, orders, rules and regulations of duly
constituted governmental authorities having jurisdiction or control of
the matters related hereto.
4.6 GOVERNING LAW. THE CONSTRUCTION, INTERPRETATION, AND ENFORCEMENT OF THIS
AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, EXCLUDING
ANY CONFLICT OF LAW RULE WHICH WOULD REFER ANY MATTER TO THE LAWS OF A
JURISDICTION OTHER THAN THE STATE OF TEXAS.
4.7 Entire Agreement. This Agreement contains the entire agreement between
Stingray and Shipper with respect to the subject matter herein as of the
effective date hereof, and supersedes any and all prior understandings
and agreements between the parties, whether oral or written, concerning
the subject matter herein, and any and all such prior understandings and
agreements are hereby deemed to be void and of no effect. No amendments
to or modifications of this Agreement shall be effective unless agreed
upon in a written instrument executed by Stingray and Shipper which
expressly refers to this Agreement.