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