Nora Transmission Company
First Revised Volume No. 1
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Effective Date: 04/01/1994, Docket: CP93-568-002, Status: Effective
Original Sheet No. 138 Original Sheet No. 138 : Superseded
GENERAL TERMS AND CONDITIONS (Continued)
20. ASSIGNMENT
Any company which shall succeed by purchase, merger or consolidation
to the properties, substantially or in their entirety, of Pipeline or
of Customer, as the case may be, shall be entitled to the rights and
shall be subject to the obligations of its predecessors in title under
a Service Agreement. Any party may, without relieving itself of its
obligations under such Service Agreement, assign any of its rights
thereunder to a company with which it is affiliated, but otherwise no
assignment of such Service Agreement, or of any of the rights or
obligations thereunder shall be made unless there first shall have been
obtained the consent thereto of Pipeline, in the event of any assignment
by Customer, or the consent thereto of Customer, in the event of any
assignment by Pipeline. These restrictions on assignment shall not in
any way prevent any party from pledging or mortgaging its rights under
a Service Agreement as security of its indebtedness.
21. TERMINATION FOR DEFAULT
If either Pipeline or Customer shall fail to perform any of the
covenants or obligations imposed upon it or them under and by virtue of
a Service Agreement hereunder, then in such event the other party may at
its option terminate such Agreement 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 Agreement 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
(30) 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
Agreement, and if within said period of thirty (30) days the party in
default does so remove and remedy said cause or causes and fully
indemnify the party not in default for any and all consequences of such
breach, by a good and sufficient indemnity bond or otherwise, then such
notice shall be withdrawn and the Agreement shall continue in full force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 so indemnify the party giving the notice
for any and all consequences of such breach, within said period of
thirty (30) days, then, after any necessary authorization by regulatory
bodies having jurisdiction, the Agreement shall become null and void
from and after the expiration of said period, provided that notice of
termination has not been withdrawn prior thereto. Any cancellation of
such Agreement pursuant to the provisions of this Section shall be
without prejudice to the right of Pipeline to collect any amounts then
due to it for natural gas delivered 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 such Agreement.