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.