Millennium Pipeline Company, L. L. C.

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 11/01/2009, Docket: RP10-17-000, Status: Effective

First Revised Sheet No. 91 First Revised Sheet No. 91

Superseding: Original Sheet No. 91

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

the Service Agreement. Shipper, Transporter, and their successors may assign

or pledge the Service Agreement under the provisions or any mortgage, deed of

trust, indenture or similar instrument that it has executed or may execute

hereafter; provided, however, that such mortgage, deed of trust, indenture or

similar instrument will cover the properties of such party as an entirety

unless such party is an Affiliated Successor in Interest as described above.

Otherwise no party will assign the Service Agreement or any of its rights

thereunder unless it first has obtained in writing the consent thereto of the

other party; provided, however, that Shipper may release and assign service

rights contracted for under such Service Agreement pursuant to the

conditions, and subject to the limitations, of Section 14 (Release and

Assignment of Service Rights) of the General Terms and Conditions. Any

direct or indirect assignment of service rights by Shipper under this

paragraph will be made in good faith and not for the purpose of avoiding the

requirements of Section 14.

 

5.5 Waiver of default. No waiver by either party of any one or more

defaults by the other in the performance of any provisions of the Service

Agreement will operate or be construed as a waiver of any future default or

defaults, whether of a like or different character.

 

5.6 Choice of Law. Unless otherwise specifically stated in the Service

Agreement, interpretation of the provisions of all Service Agreements or

other agreements entered into between Shipper and Transporter, including any

provisions of this Tariff related to such agreements, and any disputes

arising from such agreements, will be governed by the law of the State of New

York.

 

5.7 Electronic Contracting Agreement.

 

(a) In General. Transporter and Shipper may, and when required by the

Tariff will, enter into new or amended Service Agreements or Assignment

Agreements by electronic communications through Transporter's EBB.

Transporter and Shipper may also by mutual agreement enter into any other

Agreement through electronic