Carolina Gas Transmission Corporation
Original Volume No. 1
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Effective Date: 11/01/2006, Docket: CP06- 71-001, Status: Effective
Original Sheet No. 402 Original Sheet No. 402 : Effective
3.2 The parties understand that the Pool created hereunder is not a physical
point on Pipeline’s system. Nothing contained herein shall obligate
Pipeline to construct or install facilities.
3.3 Pooler shall exercise due diligence in monitoring the supplies serving
its Pool and shall use its best efforts to notify Pipeline promptly of
any known variations in such supplies.
3.4 Pooler agrees that Pipeline shall have the unilateral right to file with
the Commission and place into effect any changes in any of the provisions
of its Tariff, including, without limitation, any of Pipeline’s rates and
charges, rate schedules, GT&Cs, and forms as Pipeline may deem
appropriate in the exercise of its sole discretion. Nothing contained
herein shall prejudice the rights of Pooler to contest at any time the
changes made under this Article III.
4.1 Any entity that succeeds by purchase, merger, or consolidation to the
properties, substantially as an entirety, of Pooler or of Pipeline will
be entitled to the rights and will be subject to the obligations of its
predecessor in title under this Pooling Agreement. Either Pooler or
Pipeline may assign or pledge this Pooling Agreement under the provisions
of any mortgage, deed of trust, indenture, bank credit agreement,
receivable sale, or similar instrument that it has executed or may
execute hereafter without relieving itself of its obligations under this
Pooling Agreement. Except as set forth above, neither Pooler nor
Pipeline shall assign this Pooling Agreement or any of its rights
hereunder without the prior written consent of the other party; provided,
however, that neither Pooler nor Pipeline shall be released from its
obligations hereunder without the written consent of the other.