Portland Natural Gas Transmission System

Second Revised Volume No. 1

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Effective Date: 09/01/2006, Docket: RP06-449-000, Status: Effective

Original Sheet No. 383 Original Sheet No. 383 : Effective

 

GENERAL TERMS AND CONDITIONS (Continued)

 

23. MISCELLANEOUS

 

23.1 Waiver of Default. No waiver by either Transporter or Shipper of

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

a Gas Transportation Contract, the General Terms and Conditions or the

applicable Rate Schedule shall operate or be construed as a waiver of any

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

This provision shall not be interpreted as providing Transporter or Shipper

with any powers or authorizations to grant or deny waivers over and above such

powers as are provided under the FERC's regulations and Maine contract law.

 

23.2 Assignability. A Gas Transportation Contract shall bind and

inure to the respective successors and assigns of the parties thereto, but no

assignment shall release either party from such party's obligations without

the written consent of the other party, which consent shall not be

unreasonably withheld. Nothing contained herein shall prevent either party

from pledging, mortgaging or assigning its rights as security for its

indebtedness and either party may assign to the pledges or mortgages (or to a

trustee for the holder of such indebtedness) any money due or to become due

under any Gas Transportation Contract.

 

23.3 Effect of Headings. The headings used throughout this Tariff and

in executed Gas Transportation Contracts are inserted for reference purposes

only and are not to be considered or taken into account in construing the

terms and provisions of any paragraph nor to be deemed in any way to qualify,

modify or explain the effects of any such terms or provisions.

 

23.4 Notice. Any communication, notice, request, demand, statement or

bill provided for in this Tariff or in a Gas Transportation Contract, or any

notice which either Transporter or Shipper may desire to give to the other,

shall be offered in writing, unless transmitted via Transporter's Interactive

Internet Website, and shall be considered as duly presented, rendered, or

delivered when sent, if sent by telegram, cable, telecopy or telex; or, if

sent by express mail service, shall be considered as duly presented one Day

after mailing; or, if prepaid registered or ordinary mail, shall be considered

as duly presented five (5) Days after mailing. The material so sent shall be

addressed to the pertinent party at its last known address.

 

23.5 References. When used immediately after a section number

reference in a particular document (e.g., the General Terms and Conditions) in

this Tariff, the word "herein" shall refer to a section of that same document,

irrespective of whether such cited section occurs before or after the subject

reference.