Energy West Development, Inc.

Original Volume No. 1

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Effective Date: 06/11/2010, Docket: RP10-732-000, Status: Effective

Second Revised Sheet No. 54 Second Revised Sheet No. 54

Superseding: First Revised Sheet No. 54

 

General Terms and Conditions

 

19. DEFAULT

 

If either Transporter or Shipper shall fail to perform any of the material covenants or

obligations imposed upon it by the Transportation Service Agreement, subject to the applicable

provisions of this Tariff, then in such event the other party may at its option terminate said

contract 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 contract and

declaring it to be the intention of the party giving the notice to terminate the same; thereupon

the party in default shall have 30 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 contract, and if

within said period of 30 days the party in default does so remove and remedy said cause or

causes, then such notice shall be withdrawn and the contract shall continue in full force and

effect. In case the party in default does not so remedy and remove the cause or causes within

said period of 30 days, the contract shall terminate; provided, however, that no termination

shall occur if the party in default has initiated action to cure such material default but,

despite its best efforts, has been unable to complete cure within such thirty day period and is

continuing its action to complete cure in good faith beyond the end of the 30 day period. The

termination or cancellation of any Transportation Service Agreement shall be pursuant to the

provisions of this Section, shall be without prejudice to the right of Transporter to collect

any amounts then due to it for Transportation Services rendered prior to the time of

cancellation, and shall be without prejudice to the right of Shipper to receive any

Transportation Services which have not been rendered but for which Shipper has paid 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 Transportation Service Agreement.

 

20. NONWAIVER OF FUTURE DEFAULT

 

No waiver by either Transporter or Shipper of any one or more defaults by the other in the

performance of any provisions of a Transportation Service Agreement, the General Terms and

Conditions of this Tariff, or the applicable rate schedule, shall operate or be construed as a

waiver of any future default or defaults, whether of a like or of a different character.

 

21. NOTICES AND COMMUNICATION

 

Any communication, notice, request, demand, statement or bill provided for in this Tariff or in

a Transportation Service Agreement, or any notice which either Transporter or Shipper may desire

to give to the other, shall be in writing and shall be considered as duly presented, rendered,

or delivered express mail service, shall be considered as duly presented one day after mailing;

or, if prepaid registered or ordinary mail, shall be considered as duly presented five days

after mailing. The material so sent shall be addressed to the pertinent party at the address

set forth in the Transportation Service Agreement, or at such other address as either party may

designate in writing.