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