Egan Hub Storage, LLC

First Revised Volume No. 1

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Effective Date: 02/01/2009, Docket: RP09-160-000, Status: Effective

Second Revised Sheet No. 158 Second Revised Sheet No. 158

Superseding: First Revised Sheet No. 158

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

29. TERMINATION FOR DEFAULT

 

29.1 Termination of Service. If either Egan Hub or Customer shall fail to perform any of the

covenants or obligations imposed upon it or them under and by virtue of an applicable rate

schedule or effective service agreement, then the other party may at its option terminate such

service agreement by proceeding as follows. The party not in default shall provide written notice

to the party in default stating specifically the cause for terminating the service agreement and

declaring it to be the intention of the party giving the notice to terminate the same; thereupon

the party in default shall have thirty (30) days after receipt of such notice to remedy or remove

the cause or causes stated in the notice, and if within the thirty (30) day period the party in

default does so remove and remedy said cause or causes and fully indemnifies the party not in

default for any and all consequences of such breach, by a good and sufficient indemnity bond or

otherwise, then such notice shall be withdrawn and the service agreement shall continue in full

force and effect. In case the party in default does not so remedy and remove the cause or causes

or does not so indemnify the party giving the notice for any and all consequences of such breach,

within the thirty (30) day period, then, after any necessary authorization by regulatory bodies

having jurisdiction, the service agreement shall become void at the expiration of said period,

provided that notice of termination has not been withdrawn prior thereto. Any cancellation of

such service agreement pursuant to the provisions of this paragraph shall be without prejudice to

the right of Egan Hub to collect any amounts then due to it for service provided prior to the time

of cancellation, and shall be without prejudice to the right of Customer to receive any service

for which it has paid but has not received, although entitled thereto, prior to the time of

cancellation, and without waiver of any remedy to which the party not in default may be entitled

for violations of such service agreement.

 

29.2 Suspension of Service. Prior to a termination for default, Egan Hub may suspend service

to any Customer who fails to comply with the General Terms and Conditions, the applicable rate

schedule, or Customer's service agreement. Egan Hub's failure to invoke its right to terminate a

service agreement for default shall not be construed as a waiver of Egan Hub's right to terminate

service during any other period when Customer is in violation of the terms of this tariff or of

Customer's service agreement.