Scg Pipeline Inc.
Original Volume No. 1
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Effective Date: 11/01/2003, Docket: RP03-611-000, Status: Effective
Original Sheet No.143 Original Sheet No.143 : Superseded
20. TERMINATION FOR DEFAULT
20.1 If either Pipeline or Shipper shall fail to perform any of the covenants
or obligations imposed upon it or them under and by virtue of a Service
Agreement hereunder, then in such event the other party may at its option
terminate such 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 agreement and declaring it to be
the intention of the party giving the notice to terminate the same; thereupon
the party in default shall have twenty (20) days after the service of the
aforesaid notice in which to remedy or remove the cause or causes stated in
the notice for terminating the agreement, and if within said period of thirty
(30) days the party in default does so remove and remedy said cause or causes
and fully indemnify the party not in default for any and all consequences of
such breach, by a good and sufficient indemnify bond or otherwise, 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notice shall be withdrawn and the agreement shall continue in full force and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 so indemnify the party giving the notice for any and all
consequences of such breach, within 10 days after the end of such twenty (20)
day period, then Pipeline will suspend service. After any necessary
authorization by regulatory bodies having jurisdiction, the agreement shall
become null and void from and after the expiration of said period, provided
that notice of termination has not been withdrawn prior thereto. Any
cancellation of such agreement pursuant to the provision of this paragraph
shall be without prejudice to the right of Pipeline to collect any amounts
then due to it for service prior to the time of cancellation and shall be
without prejudice to the right of Shipper to receive any service for which it
has paid but has not received, although entitled thereto, 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 such agreement. Failure to perform
an act that is excused due to, inter alia, force majeure, does not constitute
an event of default hereunder.