Blue Lake Gas Storage Company
First Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 11/01/2007, Docket: RP08- 17-000, Status: Effective
First Revised Sheet No. 150 First Revised Sheet No. 150 : Effective
Superseding: Original Sheet No. 150
GENERAL TERMS AND CONDITIONS
(Continued)
indemnify and save Seller harmless from all suits, actions,
debts, accounts, damages, costs, losses, and expenses arising
from or out of adverse claims of any and all persons to said Gas
and/or to royalties, taxes, license fees, or charges thereon
which are directly applicable to such delivery of Gas and that it
will indemnify and save Seller harmless from all taxes or
assessments which may be directly levied and assessed upon such
delivery and which are by law payable and the obligation of the
party making such delivery.
11.3 Waivers. No waiver by either Seller or Customer of any one or
more defaults by the other in the performance of any provisions
hereunder shall operate or be construed as a waiver of any
future default or defaults, whether of a like or a different
character. Seller shall retain the right to waive, with respect
to Customer, any Section of these General Terms and Conditions
and Rate Schedules FS and IS, if Seller does so in a non-
discriminatory manner.
11.4 Assignments. Any company which shall succeed by purchase,
merger or consolidation to the properties, substantially as an
entirety, of Customer or of Seller, as the case may be, shall if
eligible be entitled to the rights and shall be subject to the
obligations of its predecessor in title under the Service
Agreement(s) between Seller and Customer. Either Seller or
Customer may assign any of its rights or obligations under its
Service Agreement(s) to a financially responsible corporation
with which it is affiliated at the time of such assignment.
Furthermore, Seller may, as security for its indebtedness,
assign, mortgage or pledge any of its rights or obligations
under its Service Agreement(s), including its rights to receive
payments, to any other entity, and Customer will execute any
consent agreement with such entity and provide such certificates
and other documents as Seller may reasonably request in
connection with any such assignment. Customer also may assign
or pledge its Service Agreement(s) under the provisions of any
mortgage, deed of trust, indenture or similar instrument which
it has executed or may hereafter execute covering substantially
all of its properties. Otherwise, except as provided in Section
8 of Rate Schedule FS neither party shall assign its Service
Agreement(s) or any of its rights thereunder unless it first
shall have obtained the consent thereto in writing of the other
party.