Tres Palacios Gas Storage LLC
Original Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 08/01/2008, Docket: RP08-424-000, Status: Effective
Original Sheet No. 152 Original Sheet No. 152
GENERAL TERMS AND CONDITIONS
(Continued)
24. JOINT OBLIGATIONS
When Customer under a Storage Service Agreement consists of
two or more persons, the obligations of such persons under such
agreement shall be joint and several and, except as otherwise
provided, any action provided to be taken by Customer shall be
taken by such persons jointly.
25. NONDISCRIMINATORY WAIVER OF TARIFF PROVISIONS AND
NONWAIVER OF FUTURE DEFAULTS
TRES PALACIOS may waive any of its rights hereunder or any
obligations of Customer on a basis which is not unduly
discriminatory; provided that no waiver by either Customer or TRES
PALACIOS of any one or more defaults by the other in the
performance of any provision of the Storage Service Agreement
between Customer and TRES PALACIOS shall operate or be construed
as a waiver of any future default or defaults, whether of a like
or of a different character.
26. MODIFICATION
No modification to the terms and provisions of any Storage
Service Agreement or exhibit thereto shall be or become effective
except by the execution of a superseding Storage Service Agreement
or exhibit thereto.
27. SUCCESSORS IN INTEREST
Any company which shall succeed by purchase, merger,
consolidation or otherwise to the properties substantially as an
entirety, of TRES PALACIOS or of Customer, shall be entitled to
the rights and shall be subject to the obligations of its
predecessors in title under a Storage Service Agreement. In
accordance with the capacity release procedures set forth in
Section 4 of the General Terms and Conditions, Customer may,
without relieving itself of its obligations under such Storage
Service Agreement, assign any of its rights and obligations
thereunder to another shipper, but otherwise no assignment of such
Storage Service Agreement, or of any of the rights or obligations
thereunder shall be made unless there first shall have been
obtained the consent thereto of TRES PALACIOS, in the event of any
assignment by Customer, or the consent thereto of Customer, in the
event of an assignment by TRES PALACIOS. These restrictions on
assignment shall not in any way prevent any party from pledging or
mortgaging its rights under a Storage Service Agreement as
security for its indebtedness.