Bluewater Gas Storage, LLC

Original Volume No. 1

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Effective Date: 12/01/2006, Docket: CP06-351-001, Status: Effective

Original Sheet No. 152 Original Sheet No. 152 : Effective

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

24. JOINT OBLIGATIONS

 

When Customer under a Storage 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.

 

25. NONDISCRIMINATORY WAIVER OF TARIFF PROVISIONS AND NONWAIVER

OF FUTURE DEFAULTS

 

BLUEWATER 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

BLUEWATER of any one or more defaults by the other in the

performance of any provision of the Storage Service Agreement

between Customer and BLUEWATER shall operate or be construed as a

waiver of any future default or defaults, whether of a like or of a

different character.

 

26. MODIFICATION

 

No modification to the terms and provisions of any Storage

Service Agreement or exhibit thereto shall be or become effective

except by the execution of a superseding Storage Service Agreement

or exhibit thereto.

 

27. SUCCESSORS IN INTEREST

 

Any company which shall succeed by purchase, merger,

consolidation or otherwise to the properties substantially as an

entirety, of BLUEWATER or of Customer, shall be entitled to the

rights and shall be subject to the obligations of its predecessors

in title under a Storage Service Agreement. In accordance with the

capacity release procedures set forth in Section 4 of the General

Terms and Conditions, Customer may, without relieving itself of its

obligations under such Storage Service Agreement, assign any of its

rights and obligations thereunder to another shipper, but otherwise

no assignment of such Storage 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 BLUEWATER, in the

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

Customer, in the event of an assignment by BLUEWATER. These

restrictions on assignment shall not in any way prevent any party

from pledging or mortgaging its rights under a Storage Service

Agreement as security for its indebtedness.