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