Honeoye Storage Corporation

Second Revised Volume No. 1

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Effective Date: 09/15/2000, Docket: RP00-455-000, Status: Effective

First Revised Sheet No. 22 Honeoye Storage Corporation: Second Revised Volume No. 1

First Revised Sheet No. 22 : Superseded

Superseding: Substitute Original Sheet No. 22

XVI. NONWAIVER AND FUTURE DEFAULT

 

No waiver by either Seller or Buyer of any one or more defaults by

the other in the performance of any provisions of a Gas Storage

Agreement shall operate or be construed as a waiver of any future default

or defaults, whether of a like or a different character.

 

XV. SCHEDULES AND AGREEMENT SUBJECT TO REGULATION

 

This Tariff, including these General Terms and Conditions, and

under the respective obligations of the parties under the Gas Storage

Agreement, are subject to valid laws, orders, rules and regulations of

duly constituted authorities having jurisdiction.

 

XVI. TITLE TRANSFERS OF GAS IN STORAGE

 

A Buyer may transfer any portion of its Gas Storage Balance or

cushion gas in the Honeoye Gas Field to another Buyer or Customer of

Seller if:

 

(a) both the purchasing Buyer and the selling Buyer of such gas

provide Seller with verification or the transfer, and assignment of

gas title in writing;

 

(b) the volume of gas transferred; 1) in the event of a transfer from

its Gas Storage Balance does not exceed the Seller's Gas Storage

Balance, or, 2) in the event a Buyer has terminated a Gas Service

Agreement, the volume of cushion gas does not exceed the Seller's

cushion gas balance;

 

(c) the transfer does not cause the purchasing Buyer to exceed its

Maximum Quantity Stored; and

 

(d) the transfer does not adversely affect Seller's ability to meet its

obligations to other Buyers.