Millennium Pipeline Company, L. L. C.
Original Volume No. 1
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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
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
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