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.
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.
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