El Paso Natural Gas Company
Second Revised Volume No. 1A
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Effective Date: 04/01/2010, Docket: RP10-454-001, Status: Effective
Sixth Revised Sheet No. 331 Sixth Revised Sheet No. 331
Superseding: Fifth Revised Sheet No. 331
TRANSPORTATION GENERAL TERMS AND CONDITIONS
18.1 Penalty Waiver. Transporter may, in exercise of its reasonable
discretion, and on a not unduly discriminatory basis, waive all
or a part of any penalty which might otherwise apply.
Transporter shall maintain a record of all waivers granted.
18.2 Waivers of Past or Future Defaults.
(a) Transporter may, from time to time and on a not unduly
discriminatory basis, waive any of its rights hereunder and
compliance with the provisions of this Tariff. All such
waivers shall be limited to past defaults or other past
occurrences or case-by-case in advance waivers addressing
specific, short-term operational problems.
(b) Transporter shall record any such waivers in a log, which
shall be posted for public inspection on its website in
accordance with Part 358 of the Commission's Regulations.
18.3 Non-Waiver of Future Defaults
Failure to exercise any rights under this Tariff shall not be
considered a waiver of such right or of any rights in the future.
No waiver of any one or more defaults by the other party in the
performance of any of the provisions of this Tariff, or the
provisions of the service agreement incorporating the provisions
of this Tariff, shall operate or be construed as a waiver of any
other existing or future default or defaults, whether of a like
or of a different character.