Great Lakes Gas Transmission Limited Partner

Second Revised Volume No. 1

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Effective Date: 07/01/2006, Docket: RP06-375-000, Status: Effective

Second Revised Sheet No. 37 Second Revised Sheet No. 37 : Effective

Superseding: First Revised Sheet No. 37

 

GENERAL TERMS AND CONDITIONS

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(continued)

 

 

13.3 Waivers

 

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

performance of any provisions of the FERC Gas Tariff, Second Revised Volume No. 1, shall operate or

be construed as a waiver of any continuing or future default or defaults, whether of a like or a

different character.

 

Transporter may waive any rights hereunder or any obligations of Shipper applicable to any specific

default that has already occurred, or case-by-case in advance of any specific, temporary operational

problem, on a basis which is not unduly discriminatory; provided that no waiver shall operate or be

construed as a waiver of other or future rights or obligations, whether of a like or different

character.

 

13.4 Transfer and Assignments

 

Any Company which shall succeed by purchase, merger, or consolidation to the properties substantially

as an entirety, of Transporter, shall be entitled to the right and shall be subject to the

obligations of its predecessor in title under this agreement. Except as provided above, and in

Sections 14 and 15 of the General Terms and Conditions of this FERC Gas Tariff, Second Revised Volume

No. 1, no assignment of the Agreement or any of its rights or obligations thereunder shall be made by

Shipper or Transporter without the written consent, which shall not be unreasonably withheld, of the

other party first obtained. It is agreed, however, that the provisions of this Subsection 13.4 shall

not in any way prevent either party under the Agreement from pledging or mortgaging its rights as

security for its indebtedness. Shipper hereby consents to such pledging or mortgaging of this

Agreement by Transporter. The Agreement shall be binding upon and shall inure to the benefits of the

respective successors and assigns of the parties thereto.

 

13.5 Regulations

 

Any Agreement and the respective obligations of the parties thereunder and all terms and conditions

of this FERC Gas Tariff, Second Revised Volume No. 1, herein are subject to valid laws, orders, rules

and regulations of duly constituted authorities having jurisdiction. In the event of a material

change in the underlying rules, orders or regulations pursuant to which Transporter provides

Transportation Service to Shipper in accordance with this FERC Gas Tariff, Second Revised Volume No.

1, Transporter may, subject to the receipt of any requisite regulatory authority and upon thirty

(30) Days prior written notice to Shipper, unilaterally and without liability,suspend, discontinue

and/or terminate services hereunder.

 

13.6 Headings

 

The headings contained in any Agreement and in this FERC Gas Tariff, Second Revised Volume No. 1, are

for reference purposes only and shall not affect the meaning or interpretation of such Agreement or

Tariff.

 

13.7 Continuance of Existing Tariff

 

Nothing in this FERC Gas Tariff, Second Revised Volume No. 1, shall interfere with or impair the

lawful terms and conditions for service authorized and rendered pursuant to Rate Schedules in

Transporter's FERC Gas Tariff, Original Volume No. 2.

 

13.8 Limitation of Liability

 

Except as otherwise provided herein, neither Transporter nor Shipper shall be liable in damages,

whether direct, indirect, consequential or otherwise, other than for acts of gross negligence, undue

discrimination or willful misconduct and then only to the extent that Force Majeure does not apply,

provided that nothing herein shall limit Transporter's or Shipper's liability, if any, for direct

damages resulting from its own negligence.