Viking Gas Transmission Company

First Revised Volume No. 1

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Effective Date: 07/01/2004, Docket: RP04-306-000, Status: Effective

Second Revised Sheet No. 61 Second Revised Sheet No. 61 : Effective

Superseding: First Revised Sheet No. 61

 

GENERAL TERMS AND CONDITIONS

 

 

10. EXCUSE OF PERFORMANCE (Continued)

 

10.3 Termination of Transportation Agreement (Continued)

 

does so remove and remedy said cause or causes and fully indemnifies the party

not in default for any and all consequences of such breach, then such notice

shall be withdrawn and the Transportation Agreement shall continue in full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 indemnify the party giving the notice for any

and all consequences of such breach, within said period of thirty days, the

Transportation Agreement shall terminate. Any cancellation of the

Transportation Agreement pursuant to the provisions of this paragraph shall be

without prejudice to the right of Company to collect any amounts then due to it

for natural gas service rendered prior to the time of cancellation, and shall

be without prejudice to the right of Shipper to receive any gas which it has

not received but which it has delivered to Company for transportation, 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 Agreement.

 

11. NOTICES

 

Except when the terms of this Tariff require or allow for communication via Company's

System, any communication, notice, request, demand, statement, or bill provided for in

the Tariff or in a Transportation Agreement, PAL Agreement, LMS Agreement, or OBA, or

any notice which either Company or Shipper may desire to give to the other, shall be

in writing and shall be considered as duly presented, rendered, or delivered when

mailed by either post-paid registered or ordinary mail or when sent by telegram,

cable, telecopy, telex, express mail service, electronic mail, or such other method

mutually agreed upon between the parties. The material so sent shall be addressed to

the pertinent party at its last known post office address, or at such other address as

either party may designate.

 

12. MODIFICATION TO TERMS OF AGREEMENT

 

No modification of the terms and provisions of a Transportation Agreement, PAL

Agreement, or OBA shall be made except by the execution of written contracts.

 

13. NONWAIVER AND FUTURE DEFAULT

 

No waiver by either Company or Shipper of any one or more defaults by the other in the

performance of any provisions of a gas service contract shall operate or be construed

as a waiver of any future default or defaults, whether of a like or of a different

character.

 

14. SCHEDULES AND AGREEMENTS SUBJECT TO REGULATION

 

This Tariff, including these General Terms and Conditions and the respective

obligations of the parties under the Transportation Agreement, are subject to valid

laws, orders, rules, and regulations of duly constituted authorities having

jurisdiction and are subject to change from time to time by addition, amendment, or

substitution as provided by law.