East Tennessee Natural Gas, LLC
Third Revised Volume No. 1
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Effective Date: 07/01/2004, Docket: RP04-362-000, Status: Effective
Original Sheet No. 644 Original Sheet No. 644 : Effective
FORM OF RELEASED STORAGE SERVICE AGREEMENT
(Applicable to firm storage rights
released pursuant to Section 18 of Transporter's
General Terms and Conditions.)
ARTICLE VIII - MISCELLANEOUS PROVISIONS
8.1 No waiver by any party of any one or more defaults by the other in the
performance of any provisions of this Agreement shall operate or be
construed as a waiver of any future default or defaults, whether of a
like or of a different character.
8.2 The headings of the Articles of this Agreement are inserted for
convenience of reference only and shall not affect the meaning or
construction thereof.
8.3 THE INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT SHALL BE IN
ACCORDANCE WITH AND CONTROLLED BY THE LAWS OF THE STATE OF TENNESSEE,
WITHOUT REGARD TO CHOICE OF LAW DOCTRINE THAT REFERS TO THE LAWS OF
ANOTHER JURISDICTION.
8.4 This Agreement, including all provisions expressly incorporated by
reference, constitutes the entire agreement between the parties
pertaining to the subject matter thereof and supersedes all prior
agreements, representations, and understandings, written or oral,
pertaining thereto. Except as otherwise provided herein, any
modifications, amendments or changes to this Agreement shall be binding
upon the parties only if agreed upon in a written instrument executed by
both Parties which expressly refers to this Agreement.
8.5 Except for changes specifically authorized pursuant to this Agreement,
no modification of or supplement to the terms and conditions hereof
shall be or become effective until Shipper has submitted a request for
change via LINK® and Shipper has been notified via LINK® of
Transporter's agreement to such change.