Wyckoff Gas Storage Company, LLC

Original Volume No. 1

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Effective Date: 08/01/2009, Docket: RP09-679-001, Status: Effective

Sub. First Revised Sheet No. 31A Sub. First Revised Sheet No. 31A

Superseding: First Revised Sheet No. 31A

 

Internet Electronic Transport Related Standards: 10.2.1-10.2.38, 10.3.1, 10.3.3,

10.3.4, 10.3.5, 10.3.6, 10.3.7, 10.3.8, 10.3.9, 10.3.10, 10.3.11, 10.3.12, 10.3.14,

10.3.15, 10.3.16, 10.3.17, 10.3.18, 10.3.19, 10.3.20, 10.3.21, 10.3.22, 10.3.23,

10.3.24, 10.3.25.

 

SECTION 12. DEFAULT, SUSPENSION AND TERMINATION

 

(a) Termination for Default. If (i) either Party shall fail in

any material respect to comply with, observe, perform or shall default

in any material respect upon any obligation under a Service Agreement,

except due to causes excused by Force Majeure or attributable to the

other’s wrongful act or failure to act (“Event of Default”), and (ii)

after written notice thereof from the Party claiming a right to

terminate the Service Agreement, such failure shall continue for a

period of thirty (30) Days, then the Party claiming the right to

terminate may, by notice in writing, terminate the Service Agreement as

of the date of the notice of termination; provided, however, that if

such failure cannot be reasonably cured within such thirty (30) Days,

the party claimed to be in default shall be entitled to such further

time as shall reasonably be required to effect such cure, provided that

such Party commences within such thirty (30) Days substantial efforts

to effect such cure and at all times thereafter proceeds diligently to

complete such cure, but in no event, shall the cure period exceed sixty

(60) Days.

 

(b) Suspension for Default. Upon occurrence of an Event of

Default, the non- defaulting Party shall have the right to suspend

performance until such default has been remedied; provided, however,

that an Event of Default does not include nonpayment of amounts owed

that are disputed in good faith.