| Liberty Gas Storage L.L.C. |
|
Original Sheet No. 219 : Effective |
| FERC Gas Tariff |
|
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| Liberty Gas Storage L.L.C. |
FORM OF SERVICE AGREEMENT FOR CAPACITY RELEASE UMBRELLA AGREEMENT UNDER
RATE SCHEDULES FSS AND SFS
ARTICLE V - INTERPRETATION
THE INTERPRETATION AND PERFORMANCE OF THIS CAPACITY RELEASE UMBRELLA AGREEMENT
SHALL BE IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT RECOURSE
TO THE LAW GOVERNING CONFLICT OF LAWS.
This Capacity Release Umbrella 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.
jurisdiction.
ARTICLE VI
RELATIONSHIP BETWEEN REPLACEMENT CUSTOMER AND RELEASING CUSTOMER
The parties recognize that, pursuant to Commission orders, Releasing Customer
may require that the Replacement Customer agree that a breach of this Capacity
Release Umbrella Agreement, including a failure to pay, or to pay timely, by
Replacement Customer under this Capacity Release Umbrella Agreement,
constitutes a breach of contract as between Replacement Customer and Releasing
Customer. The existence of such an agreement will be indicated on the
appropriate Addendum to this Capacity Release Umbrella Agreement. If
Replacement Customer fails to pay Liberty, fails to timely pay Liberty, or
otherwise breaches this Capacity Release Umbrella Agreement with Liberty : (a)
both Replacement Customer and Releasing Customer (except to the extent
otherwise provided in Section 4 of the General Terms and Conditions and except
with respect to penalties attributable to Replacement Customers conduct) shall
be liable to Liberty for such failure to pay or breach (it being understood
that nothing in this Article VI relieves Releasing Customer from responsibility
to pay Liberty in accordance with its Storage Service Agreements with Liberty )
and (b) if, as a result of such breach by Replacement Customer, Releasing
Customer is accordingly required to pay Liberty or otherwise perform, Releasing
Customer may have a cause of action for breach against Replacement Customer.
| Issued by: William Rapp, Senior Counsel |
| Issue date: 06/10/05 |
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Effective date: 04/15/07 |