Oktex Pipeline Company

Original Volume No. 1

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Effective Date: 05/20/1993, Docket: RS92- 70-001, Status: Effective

Original Sheet No. 33 Original Sheet No. 33 : Effective

 

determined between Transporter and the Shipper to which the notice is given,

the latter may within five (5) days of such notice elect in writing to pay a

higher rate which matches or exceeds the competing offer and thereby retain

its priority. If the Shipper does not exercise its right to match or exceed a

competing offer within the specified five (5) day period, the Shipper may lose

its priority, and it may not thereafter offer to pay the higher rate and

reclaim its place in the priority queue.

 

(d) Firm service shall be the last in order of

curtailment or interruption. If firm service interruptions or curtailments

become necessary among firm Shippers, capacity will be allocated on a pro rata

basis to such similarly situated Shippers.

 

XIV. SALES LATERAL PIPELINE POLICY

 

Transporter will not build or contribute to the cost of building any

sales lateral pipelines. Nothing in this policy statement shall require

Transporter to file an application for a certificate of public convenience and

necessity under Section 7(c) of the Natural Gas Act. Nothing in this policy

statement, further, shall prevent Transporter from contesting an application

for service filed pursuant to Section 7(a) of the Natural Gas Act.

Transporter reserves the right to seek a waiver of the policy set forth

herein, for good cause shown during any proceeding before the Commission

instituted under Section 7 of the Natural Gas Act.

 

XV. NOTICES

 

Any communication, notice, request, demand, statement or bill provided

for in this Tariff or in a Gas Transportation contract or any notice which

either Transporter or Shipper may desire to give to the other shall be in

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

sent, if sent by telegram, cable, telecopy or telex or, if sent by either

postpaid registered or ordinary mail, shall be considered as duly presented

five days after sending. 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.

 

XVI. MODIFICATION

 

No modification of the terms and provisions of a Gas Transportation

Contract shall be made except by the execution of written contracts signed by

Transporter and Shipper.

 

XVII. NONWAIVER AND FUTURE DEFAULT

 

No waiver by either Transporter or Shipper of any one or more defaults

by the other in the performance of any provisions of a Gas Transportation

contract, the General Terms and Conditions or the applicable Rate Schedule

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

whether of a like or of a different character.

 

XVIII. SUCCESSORS AND ASSIGNEES

 

Any company which shall succeed by purchase, merger or consolidation

to the properties, substantially or as an entirety, of Transporter or of the

Shipper, as the case may be, shall be entitled to the