Wyckoff Gas Storage Company, LLC

Original Volume No. 1

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Effective Date: 12/31/9999, Docket: RP09- 444-000, Status: Accepted

Original Sheet No. 32 Original Sheet No. 32

 

(c) Rights Following Termination. In the event the Service

Agreement(s) is (are) terminated, such termination shall be without

prejudice, subject to such rights of offset as may exist, to any rights

or obligations of the Parties accruing prior to such termination,

including, but not limited to, (i) Shipper’s right to receive Gas that

it has stored but has not received prior to the time of termination

(unless Shipper fails to remove such Gas from the Facility in the

manner prescribed under the Service Agreement), (ii) Shipper’s right to

refunds, if any, plus interest, of portions of the rate paid prior to

such termination or release, or (iii) Transporter’s right to collect

any amounts then due it for services provided to Shipper prior to the

time of such termination. Upon termination, Shipper shall cause all Gas

in its Gas Storage Inventory Account to be removed from the Facility in

the manner specified in the Service Agreement.

 

(d) Other Rights Preserved. The availability or exercise of the

right to terminate a Service Agreement pursuant to this section shall

not serve to diminish or effect the right of the Parties to seek

damages or specific performance, for breach of the Service Agreement,

as provided in such agreement.

 

(e) Waiver of Default. No waiver by either Party of any one or

more defaults by the other in the performance of any provisions of the

Service Agreement shall operate or be construed as a waiver of any

future default or defaults, whether of a like or different character.

 

SECTION 13. ASSIGNMENT

 

Any company that succeeds by purchase, merger, or consolidation

to the gas properties of Transporter or of Shipper substantially as an

entirety, and any affiliated successor in interest that acquires from

Transporter the properties of Transporter used in interstate commerce

in rendering service to Shipper, shall be entitled to the rights and

shall be subject to the obligations of its predecessor in title under

the Service Agreement. Shipper, Transporter, and their successors may

assign or pledge the Service Agreement under the provisions or any

mortgage, deed of trust, indenture or similar instrument that it has

executed or may execute hereafter; provided, however, that such

mortgage, deed of trust, indenture or similar instrument shall cover

the properties of such Party as an entirety unless such Party is an

affiliated successor in interest, otherwise no Party shall assign the

Service Agreement or any of its rights thereunder unless it first shall

have obtained in writing the consent thereto of the other Party;

provided, however, that Shipper may release and assign service rights

contracted for under such Service Agreement pursuant to the conditions,

and subject to the limitations, of Section 8 (Release of Service

Rights) of the General Terms and Conditions. Any direct or indirect

assignment of service rights by Shipper under this paragraph shall be

made in good faith and not for the purpose of avoiding the requirements

of Section 8.

 

SECTION 14. NOTICES

 

Any notice, demand, offer or other written instrument required or

permitted to be given pursuant to the Service Agreement, except for

those provisions in Transporter’s Tariff requiring otherwise, shall be

in writing signed by the Party giving such notice and shall be hand

delivered or sent by registered letter, overnight courier provided a

receipt signed by the addressee is obtained, or telexed to the other

Party. Unless otherwise specifically provided in the Agreement, any

written notice or other communication shall be sufficiently given or

shall be deemed given on the third business day following the date on

which the same is mailed by registered or certified mail, postage

prepaid, addressed,