Crossroads Pipeline Company
Original Volume No. 1
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Effective Date: 10/02/1995, Docket: CP94-342-001, Status: Effective
Original Sheet No. 75 Original Sheet No. 75 : Effective
rate Crossroads can charge for delivery to the existing
Shipper's Point(s) of Delivery under the agreement that is
subject to the Shipper's right to match the Best Bid.
35.9 Mutual Agreement. In the event Crossroads does not
receive any bids pursuant to Section 35.5 above or
Crossroads rejects all bids received, Crossroads and
Shipper may mutually agree upon the terms and conditions
under which Shipper shall be entitled to retain its capacity
and continue to receive service. In the event Crossroads
and Shipper have not reached agreement on the terms and
conditions under which service will be extended before the
termination date of the service agreement, at Shipper's
election, service for all or part of the contractual
quantity will be extended for a term to be specified by the
Shipper, so long as Shipper agrees to pay the maximum rate.
36. MISCELLANEOUS PROVISIONS
36.1 Waiver of Default: No waiver by either party of any default
by the other in the performance of any provisions of an
executed Service Agreement shall operate as a waiver of
any continuing or future default, whether of a like or
different character.
36.2 Assignability: A Service Agreement shall bind and inure to
the respective successors and assigns of the parties
thereto, but no assignment shall release either party from
such party's obligations without the written consent of the
other party, which consent shall not be unreasonably
withheld. Nothing contained herein shall prevent either
party from pledging, mortgaging or assigning its rights as
security for its indebtedness and either party may assign
to the pledges or mortgages (or to a trustee for the holder
of such indebtedness) any money due or to become due under
any Service Agreement.
36.3 Effect of Headings: The headings used through these General
Terms and Conditions and in executed Service Agreements
are inserted for reference purposes only and are not to be
considered or taken into account in construing the terms
and provisions of any paragraph nor to be deemed in any way
to qualify, modify or explain the effects of any such terms
or provisions.
36.4 Pipeline's Policy on Delivery Laterals: Crossroads will not
be obligated to build or contribute to the cost of building
any delivery lateral. Nothing in this Policy Statement shall
require Crossroads to file an application for a