Viking Gas Transmission Company

Original Volume No. 1

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Effective Date: 06/01/1991, Docket: GT91- 25-000, Status: Effective

First Revised Sheet No. 87A First Revised Sheet No. 87A : Superseded

Superseding: Original Sheet No. 87A

 

 

GENERAL TERMS AND CONDITIONS (Continued)

 

 

the party claiming suspension, and which by the exercise of due diligence such party is

unable to prevent or overcome. A failure to settle or prevent any strike or other

controversy with employees or with anyone purporting or seeking to represent employees

shall not be considered to be a matter within the control of the party claiming

suspension.

 

2. Liabilities not relieved: Such causes or contingencies affecting the performance of said

gas sales contract or transportation contract by either party, however, shall not relieve

it of liability in the event of its concurring negligence or in the event of its failure

to use due diligence to remedy the situation and remove the cause in an adequate manner

and with all reasonable dispatch, nor shall such causes or contingencies affecting the

performance of said contract relieve either party from its obligations to make payments

of amounts then due thereunder, nor shall such causes or contingencies relieve either

party of liability unless such party shall give notice and full particulars of the same

in writing or by telegraph to the other party as soon as possible after the occurrence

relied on.

 

3. Termination of gas service contract: If either Seller or Buyer shall fail to perform any

of the covenants or obligations imposed upon it by the gas sales contract or

transportation contract, 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 thirty 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 thirty days the party in default 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 contract

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 contract

shall terminate; provided, however, that Seller may not terminate the contract until it

has obtained the authorization required by valid laws, orders, rules and regulations of

duly constituted authorities having jurisdiction. Any cancellation of the contract

pursuant to the provisions of this paragraph shall be without prejudice to the right of

Seller 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 Buyer to receive

any gas which it has not received but for which (i) it has paid or (ii) with respect to

transportation service, it has delivered to Seller 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 contract.