Great Lakes Gas Transport, L.L.C.

Second Revised Volume No. 1

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Effective Date: 01/01/1998, Docket: RP98- 82-000, Status: Effective

First Revised Sheet No. 28 First Revised Sheet No. 28 : Effective

Superseding: Original Sheet No. 28

 

IT RATE SCHEDULE

Interruptible Transportation Service

(cont'd)

 

 

9. TERMINATION FOR DEFAULT (cont'd)

 

and effect. In case the party in default does not so remedy and remove the

cause or causes, or does not so indemnify the party giving the notice for

any and all consequences of such breach, within said period of thirty (30)

days, then, after any necessary authorization by regulatory bodies having

jurisdiction, the agreement shall become null and void from and after the

expiration of said period, provided that notice of termination has not been

withdrawn prior thereto. Any termination of such agreement, pursuant to

the provisions of this paragraph, shall be without prejudice to the right

of Transporter to collect any amount then due to it and shall be without

prejudice to the right of Shipper to receive any gas which it has delivered

to Transporter, but which Transporter has not delivered back to Shipper,

although entitled thereto, and without waiver of any remedy to which the

party not in default may be entitled for violations of such agreement.

 

10. ASSIGNMENT

 

Neither party to any service agreement under this Rate Schedule shall

assign such service agreement to any interest therein or any property, real

or personal, acquired in connection therewith, without the prior written

consent of the other, except that either may assign all of its rights and

obligations thereunder to a corporation which shall succeed by purchase,

merger, or consolidation to the properties substantially as an entirety of

the assigning party and which shall assume and agree in writing to perform

all of its duties and obligations under such service agreement. The fore-

going notwithstanding, Transporter and Shipper may assign or pledge its

right, title and interest in, and by virtue of, any service agreement under

this Rate Schedule, including any and all extensions, renewals, and amend-

ments, and supplements thereto, to a trustee or trustees, individual or

corporate, as security for bonds or other obligations or securities, with-

out the consent of the other party, and without such trustee or trustees

assuming or becoming in any respect obligated to perform any of the obli-

gations of the assignor, and, if any such trustee be a corporation, without

its being required by the parties to such service agreement to qualify to

do business in the state in which the performance of the service agreement

may occur.

 

11. WAIVER

 

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

the performance of any provisions of any service agreement under this Rate

Schedule shall operate or be construed as a waiver of any future default or

defaults, whether of a like or a different character.