Southeast Supply Header, LLC

Original Volume No. 1

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Effective Date: 09/04/2008, Docket: CP07-44-005, Status: Effective

Original Sheet No. 344 Original Sheet No. 344

 

GENERAL TERMS AND CONDITIONS

(CONTINUED)

 

32. DEFAULT AND TERMINATION

 

32.1 Except where different procedures for termination of an Agreement

are expressly provided in the General Terms and Conditions, if

Transporter or Shipper shall fail to perform any of the covenants

or obligations imposed upon it under any Agreement into which

these General Terms and Conditions are incorporated, then in such

event the other party may, at its option, terminate such

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 default under the Agreement and

declaring it to be the intention of the party giving the notice

to terminate such Agreement; 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 default

notice and if within the said 30 Day period 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of such default, then such default notice shall be withdrawn and

the Agreement shall continue in full force and effect.

 

32.2 In the event the party in default does not so remedy and remove

the cause or causes, or does not indemnify the party giving the

default notice for any and all consequences of such default

within the said period of 30 Days, then, after any necessary

authorization by regulatory bodies having jurisdiction, at the

option of the party giving such default notice, the Agreement

shall terminate.

 

32.3 Any termination of the Agreement pursuant to the provisions of

this Section 32 shall be without prejudice to the right of

Transporter to collect any amounts then due to it for Gas

delivered or service provided prior to the date of termination,

and shall be without prejudice to the right of Shipper to receive

any Gas which it has not received but the Transportation of which

has been paid prior to the date of termination, and without

waiver of any other remedy to which the party not in default may

be entitled for breaches of the Agreement.