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shall be withdrawn and the contract shall continue in full force and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.