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shall be withdrawn and the Transportation Agreement shall continue in full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.