East Tennessee Natural Gas, LLC
Third Revised Volume No. 1
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Effective Date: 03/03/2006, Docket: RP06-195-000, Status: Effective
First Revised Sheet No. 377 First Revised Sheet No. 377 : Effective
Superseding: Original Sheet No. 377
GENERAL TERMS AND CONDITIONS (Continued)
quality standards set forth in Section 2, nor shall such causes or
contingencies affecting the performance of said contract relieve
either party from its obligations to make payments of amounts then
due thereunder, nor shall such causes or contingencies relieve
either party of liability unless such party shall give notice and
full particulars of the same in writing or by fax to the other
party as soon as possible after the occurrence relied on.
24.3 Termination of agreement: If either Transporter or Shipper shall
fail to perform any of the covenants or obligations imposed upon
it by the service agreement, subject to the applicable provisions
of Transporter's FERC Gas Tariff, then in such event the other
party may at its option terminate said agreement by proceeding as
follows: the party not in default shall cause a written notice to
be served on the party in default stating specifically the cause
for terminating the agreement and declaring it to be the intention
of the party giving the notice to terminate the same; thereupon
the party in default shall have thirty days after the service of
the aforesaid notice in which to remedy or remove the cause or
causes stated in the notice for terminating the agreement, and if
within said period of thirty days the party in default does so
remove and remedy said cause or causes and fully indemnifies the
party not in default for any and all consequences of such breach,
then such notice shall be withdrawn and the agreement shall
continue in full force and effect. In case the party in default
does not so remedy and remove the cause or causes or does not
indemnify the party giving the notice for any and all consequences
of such breach, within said period of thirty days, the agreement
shall terminate. Any cancellation of the agreement pursuant to
the provisions of this paragraph shall be without prejudice to the
right of Transporter to collect any amounts then due to it for
natural gas service rendered prior to the time of cancellation,
and shall be without prejudice to the right of Shipper to receive
any gas that it has not received but which it has delivered to
Transporter for transportation, prior to the time of cancellation,
and without waiver of any remedy to which the party not in default
may be entitled for violations of the agreement.
25. TRANSPORTATION COST RATE ADJUSTMENT
25.1 The rates and charges for the Affected Rate Schedule (as defined
in Section 25.2 below) are subject to adjustments following the
effective date of the rates filed by Transporter on January 31,
1992 in Docket No. RP91-204; provided, however, that these rates
and charges may be adjusted no more frequently than on a quarterly
basis to reflect changes in Transportation Costs. "Transportation
Costs" are costs for the transmission and compression of
Transporter's gas by others (Account No. 858). These costs
include, among other charges, any non-gas commodity charges or any
other related charges billed to Transporter for transportation
within contract demand on an upstream pipeline