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. 508 First Revised Sheet No. 508

Superseding: Original Sheet No. 508

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

52. MISCELLANEOUS PROVISIONS

 

52.1 Waiver of Default. No waiver by either party of any default by the

other in the performance of any provisions of an executed Service Agreement

will operate as a waiver of any continuing or future default, whether of a

like or different character.

 

52.2 Assignability. A Service Agreement binds and inures to the benefit of

the respective successors and assigns of the parties thereto, but no

assignment releases either party from such party's obligations without the

written consent of the other party, which consent may not be unreasonably

withheld. Nothing contained in this Section may prevent either party from

pledging, mortgaging or assigning its rights as security for its indebtedness

and either party may assign to the pledges or mortgages (or to a trustee for

the holder of such indebtedness) any money due or to become due under any

Service Agreement.

 

52.3 Effect of Headings. The headings used in these General Terms and

Conditions and in Service Agreements are for reference purposes only and

should not be considered when construing the terms and provisions of any

paragraph nor be deemed to qualify, modify or explain the effects of any such

terms or provisions.

 

52.4 Non-Discrimination. Transporter will apply all of the terms and

conditions contained in this FERC Gas Tariff in a uniform and not unduly

discriminatory manner without regard to whether the Gas transported is sold

by Transporter or any of Transporter's affiliates or any other seller of Gas.

 

53. REIMBURSEMENT OF SALES AND USE TAXES

 

Shipper must pay to Transporter any applicable energy, value added, sales

or use tax, gross proceeds tax, or similar tax, and any penalty and interest

imposed on the Shipper by the federal government, any state, or by any

political subdivision of a state, which amount Transporter is obligated by

law to collect and remit. If Shipper is exempt from the obligation to pay

such taxes, Shipper must provide Transporter with documentation establishing

that exemption. Otherwise, such amounts will be separately stated on

Transporter's invoice and must be paid by Shipper.

 

54. OPERATIONAL TRANSACTIONS

 

54.1 Transporter may buy, sell or borrow or tender gas for return at a

later date (an "Operational Transaction") to the extent necessary to: