Midwestern Gas Transmission Company
Third Revised Volume No. 1
Contents / Previous / Next / Main Tariff Index
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notice shall be withdrawn and the agreement shall continue in full force and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.