ANR Pipeline Company

Second Revised Volume No. 1

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Effective Date: 11/01/2006, Docket: RP06-613-000, Status: Effective

First Revised Sheet No. 147 First Revised Sheet No. 147 : Effective

Superseding: Original Sheet No. 147

GENERAL TERMS AND CONDITIONS

(Continued)

all persons to said Gas and/or to royalties, taxes, license

fees, or charges thereon which are directly applicable to

such delivery of Gas and that it will indemnify and save

Transporter harmless from all taxes or assessments which may

be directly levied and assessed upon such delivery and which

are by law payable and the obligation of the party making

such delivery. Shipper shall be solely responsible for, and

shall indemnify and save Transporter harmless from any sales

or use tax which may be levied on Gas furnished by Shipper

for Transporter's Use.

 

18.3 Waivers. No waiver by either Transporter or Shipper of any

one or more defaults by the other in the performance of any

provisions hereunder shall operate or be construed as a

waiver of any future default or defaults, whether of a like

or a different character. Transporter may waive compliance

with provisions of this Tariff, so long as such is done in a

manner which shall not be unduly discriminatory.

 

18.4 Assignments. Any company which shall succeed by purchase,

merger or consolidation to the properties, substantially as

an entirety, of Shipper or of Transporter, as the case may

be, shall be entitled to the rights and shall be subject to

the obligations of its predecessor in interest under an

Agreement. Any party may, without relieving itself of its

obligations under an Agreement, pledge, mortgage or assign

its rights hereunder as security for its indebtedness.

Except for such pledge, mortgage or assignment, neither

party shall assign an Agreement or any of its rights

thereunder without the consent in writing of the other

party.

 

18.5 Creditworthiness. Transporter shall not be required to

commence service or, subject to the following timing

provisions, to continue to provide service under an

Agreement with any Shipper, that (a) is or has become

insolvent; (b) has applied for bankruptcy under Chapter 11

of the Bankruptcy Code, or which is subject to similar

proceedings under State or Federal law; or (c) when

requested by Transporter to demonstrate creditworthiness,

fails to do so in Transporter's reasonable judgement, in

light of previous payment experience and changes thereto and

the prudent credit analysis of information available;

provided, however, that any such Shipper that is receiving

service shall continue to receive service for a period