Egan Hub Storage, LLC

First Revised Volume No. 1

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Effective Date: 05/24/2010, Docket: RP10-628-000, Status: Effective

Third Revised Sheet No. 157 Third Revised Sheet No. 157

Superseding: Second Revised Sheet No. 157

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

25. JOINT OBLIGATIONS

 

When Customer under a service agreement consists of two or more persons, the obligations of

such persons under such agreement shall be joint and several and, except as otherwise provided,

any action provided to be taken by Customer shall be taken by such persons jointly.

 

26. NON-DISCRIMINATORY WAIVER OF TARIFF PROVISIONS

 

Egan Hub may waive any of its rights hereunder or any obligations of Customer on a basis which

is not unduly discriminatory; provided that no waiver by either Customer or Egan Hub of any one or

more defaults by the other in the performance of any provision of the service agreement between

Customer and Egan Hub shall operate or be construed as a waiver of any future default or defaults,

whether of a like or of a different character.

 

27. MODIFICATION

 

No modification to the terms and provisions of any service agreement or exhibit thereto shall

be or become effective except by the execution of a superseding service agreement or exhibit

thereto.

 

28. SUCCESSORS IN INTEREST

 

Any company which shall succeed by purchase, merger, consolidation or otherwise to the

properties substantially or in the entirety, of Egan Hub or of Customer, used or intended to be

used for rendering service authorized by the Commission, shall be entitled to the rights and shall

be subject to the obligations of its predecessors in title under a service agreement. In

accordance with the capacity release procedures set forth in Section 14 of the General Terms and

Conditions, Customer may, without relieving itself of its obligations under such service

agreement, assign any of its rights and obligations thereunder to another Customer, but otherwise

no assignment of such service agreement, or of any of the rights or obligations thereunder, shall

be made unless there first shall have been obtained the consent thereto of Egan Hub, in the event

of any assignment by Customer, or the consent thereto of Customer, in the event of an assignment

by Egan Hub. These restrictions on assignment shall not in any way prevent any party from

pledging or mortgaging its rights under a service agreement as security for its indebtedness.