Tuscarora Gas Transmission Company
Original Volume No. 1
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Effective Date: 12/01/1995, Docket: CP93-685-003, Status: Effective
Original Sheet No. 65 Original Sheet No. 65 : Effective
GENERAL TERMS AND CONDITIONS
20. DEFAULT
If either Transporter or Shipper shall fail to perform any of the
material covenants or obligations imposed upon it by the Transportation
Service Agreement, subject to the applicable provisions of this Tariff,
then in such event the other party may at its option terminate said
contract 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 contract and declaring it to be the intention
of the party giving the notice to terminate the same; thereupon the party
in default shall have 30 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 contract, and if within said period of 30 days the party
in default does so remove and remedy said cause or causes, then such notice
shall be withdrawn and the contract shall continue in full force and
effect. In case the party in default does not so remedy and remove the
cause or causes within said period of 30 days, the contract shall
terminate; provided, however, that no termination shall occur if the party
in default has initiated action to cure such material default but, despite
its best efforts, has been unable to complete cure within such thirty day
period and is continuing its action to complete cure in good faith beyond
the end of the 30 day period. The termination or cancellation of any
Transportation Service Agreement shall be pursuant to the provisions of
this paragraph, shall be without prejudice to the right of Transporter to
collect any amounts then due to it for transportation services rendered
prior to the time of cancellation, and shall be without prejudice to the
right of Shipper to receive any transportation services which have not been
rendered but for which Shipper has paid 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 the Transportation Service Agreement.
21. NONWAIVER OF FUTURE 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
Transportation Service Agreement, the General Terms and Conditions of this
Tariff, 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.