Midwestern Gas Transmission Company

Third Revised Volume No. 1

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Effective Date: 12/16/2004, Docket: RP05- 72-000, Status: Effective

First Revised Sheet No. 244 First Revised Sheet No. 244 : Effective

Superseding: Original Sheet No. 244

 

GENERAL TERMS AND CONDITIONS

 

 

10. EXCUSE OF PERFORMANCE (Continued)

 

10.3 Termination of Agreements

 

If either Company or Customer shall fail to perform a material covenant or

obligation imposed upon it by the service agreement, subject to the applicable

provisions of this Tariff, then in such event the other party may at its option

terminate said agreement by proceeding as follows: The party not in default

shall cause a written notice to be served on the party in default stating

specifically the cause for terminating the contract and declaring it to be the

intention of the party giving the notice to terminate the same; thereupon, the

party in default shall have thirty days after the service of the aforesaid

notice in which to remedy or remove the cause or causes stated in the notice of

terminating the agreement, and if within said period of thirty days the party

in default does so remove and remedy said cause or causes and fully indemnify

the party not in fault for any and all consequences of such breach, then such

notice shall be withdrawn and the agreement shall continue in full force and

effect.

 

In case the party in default does not so remedy and remove the cause or causes

or does not indemnify the party giving the notice for any and all consequences

of such breach within said period of thirty days, the agreement shall

terminate; provided, however, that Company may not terminate the agreement

until it has obtained the authorization required by valid laws, orders, rules

and regulations of duly constituted authorities having jurisdiction.

 

Any cancellation of the agreement pursuant to the provisions of this paragraph

shall be without prejudice to the right of Company to collect any amounts then

due to it for natural gas service rendered prior to the time of cancellation

and shall be without prejudice to the right of Customer to receive any gas

which it has not received but has delivered to Company, prior to the time of

cancellation, and without waiver of any remedy to which the party not in

default may be entitled for violations of the contract.

 

11. NOTICES

 

11.1 Contractual Notices

 

Except when the General Terms and Conditions of Company's Tariff requires

communication via the System, any communication, notice, request, demand, or

statement provided for in the Tariff or in a service agreement, or any notice

that either Company or Customer may desire to give to the other, shall be in

writing and shall be considered as duly presented, rendered, or delivered five

days after the date the notice is mailed by either post-paid registered or

ordinary mail or when sent by cable, telecopy, telex, express mail service,

electronic mail or such other method mutually agreed upon between the parties.

The material so sent shall be addressed to the pertinent party at its last

known post office address, or at such other address as either party may

designate.