Dominion Transmission, Inc.

Third Revised Volume No. 1

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Effective Date: 09/23/2000, Docket: RP00-555-000, Status: Effective

Original Sheet No. 1137 Original Sheet No. 1137 : Effective

 

 

GENERAL TERMS AND CONDITIONS

Rate Schedules and Service Agreements

 

21. INCORPORATION IN RATE SCHEDULES AND SERVICE AGREEMENTS

 

21.1 Service rendered to Customer shall be in accordance with

the provisions of a Service Agreement executed between the

parties in the form of the applicable Service Agreement

contained in this Tariff.

21.2 These General Terms and Conditions are incorporated in and

are a part of Pipeline's Rate Schedules contained in this

Tariff, Volume No. 1, and executed Service Agreements

relating thereto.

21.3 The following provisions are hereby incorporated in all

executed Service Agreements hereunder:

 

 

A. No waiver by any party of any one or more defaults by

the other in the performance of any provisions of any

Service Agreement executed hereunder shall operate or

be construed as a waiver of any other default or

defaults, whether of a like or of a different

character.

 

B. Any company which shall succeed by purchase, merger or

consolidation to the gas related properties,

substantially as an entirety, of the parties to any

Service Agreement executed hereunder shall be entitled

to the rights and shall be subject to the obligations

of its predecessor in title under the Service

Agreement. Either party may, without relieving itself

of its obligations under the Service Agreement, assign

any of its rights thereunder to a company with which

it is affiliated, but otherwise, no assignment of the

Service Agreement or of any of the rights or

obligations thereunder shall be made unless the

assigning party first obtains the written consent of

the other party. Consent shall not be unreasonably

withheld.

 

C. Notwithstanding Section 21.3.B. above, any Customer

that is an interstate pipeline may assign its firm

entitlements to service under any rate schedule

hereunder to its customers as part of a filing made in

compliance with Order Nos. 636 et seq. which has been

approved by the FERC; provided, however, that no

assignment under this Section shall become effective

until the party receiving the assignment executes a

new Service Agreement with Pipeline in the form of

service agreement set forth in this Tariff for service

under the applicable rate schedule.

 

D. Any Service Agreement executed hereunder, and the

respective obligations of the parties thereunder, are

subject to all present and future valid laws, orders,

rules and regulations of duly constituted authorities,

having jurisdiction over the parties, their facilities

or gas supply, the Service Agreement or any provision

thereof. Neither party shall be held in default for

failure to perform the Service Agreement if such

failure is due to compliance with laws, orders, rules