Common use of NONRECOURSE OBLIGATION OF PARTNERSHIP AND OPERATOR Clause in Contracts

NONRECOURSE OBLIGATION OF PARTNERSHIP AND OPERATOR. Xxxxxxx acknowledges and agrees that: (a) Transporter is a Maine general partnership; (b) Shipper shall have no recourse against any partner in Transporter with respect to Transporter's obligations under this Contract and that its sole recourse shall be against the partnership assets, irrespective of any failure to comply with applicable law or any provision of this Contract; (c) no claim shall be made against any partner under or in connection with this Contract; (d) Shipper shall have no right of subrogation to any claim of Transporter for any capital contributions from any partner to Transporter; (e) no claims shall be made against the Operator of Transporter's facilities, its officers, employees, and agents, under or in connection with this Contract and the performance of Operator's duties as Operator (provided that this shall not bar claims resulting from the gross negligence or willful misconduct of Operator, its officers, employees or agents) and Shipper shall provide Operator with a waiver of subrogation of Shipper's insurance company for all such claims; and (f) this representation is made expressly for the benefit of the partners in Transporter and Operator.

Appears in 3 contracts

Samples: Master Capacity Release Agreement, Master Capacity Release Agreement, Master Capacity Release Agreement

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NONRECOURSE OBLIGATION OF PARTNERSHIP AND OPERATOR. Xxxxxxx Replacement Shipper acknowledges and agrees that: (a) Transporter is a Maine general partnership; (b) Replacement Shipper shall have no recourse against any partner in Transporter with respect to Transporter's obligations under this Master Contract and that its sole recourse shall be against the partnership assets, irrespective of any failure to comply with applicable law or any provision of this Master Contract; (c) no claim shall be made against any partner under or in connection with this Master Contract; (d) Replacement Shipper shall have no right of subrogation to any claim of Transporter for any capital contributions from any partner to Transporter; (e) no claims shall be made against the Operator of Transporter's facilitiesOperator, its officers, employees, and agents, under or in connection with this Master Contract and the performance of Operator's duties as Operator (provided that this shall not bar claims resulting from the gross negligence or willful misconduct of Operator, its officers, employees or agents) and Replacement Shipper shall provide Operator with a waiver of subrogation of Replacement Shipper's insurance company for all such claims; and (f) this representation is made expressly for the benefit of the partners in Transporter and Operator.

Appears in 3 contracts

Samples: Master Capacity Release Agreement, Master Capacity Release Agreement, Master Capacity Release Agreement

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NONRECOURSE OBLIGATION OF PARTNERSHIP AND OPERATOR. Xxxxxxx acknowledges and agrees that: (a) Transporter is a Maine general partnership; (b) Shipper shall have no recourse against any partner in Transporter with respect to Transporter's obligations under this Contract and that its sole recourse shall be against the partnership assets, irrespective of any failure to comply with applicable law or any provision of this Contract; (c) no claim shall be made against any partner under or in connection with this Contract; (d) Shipper shall have no right of subrogation to any claim of Transporter for any capital contributions from any partner to Transporter; (e) no claims shall be made against the Operator of Transporter's facilitiesOperator, its officers, employees, and agents, under or in connection with this Contract and the performance of Operator's duties as Operator (provided that this shall not bar claims resulting from the gross negligence or willful misconduct of Operator, its officers, employees or agents) and Shipper shall provide Operator with a waiver of subrogation of Shipper's insurance company for all such claims; and (f) this representation is made expressly for the benefit of the partners in Transporter and Operator.

Appears in 3 contracts

Samples: Master Capacity Release Agreement, Master Capacity Release Agreement, Master Capacity Release Agreement

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