Sg Resources Mississippi, L.L.C

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 03/01/2008, Docket: RP08-184-000, Status: Effective

Original Sheet No. 156 Original Sheet No. 156 : Pending

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

24. JOINT OBLIGATIONS

 

When Customer under a Storage Service Agreement consists of

two or more persons, the obligations of such persons under such

agreement shall be joint and several and, except as otherwise

provided, any action provided to be taken by Customer shall be

taken by such persons jointly.

 

25. NON-DISCRIMINATORY WAIVER OF TARIFF PROVISIONS AND NON-

WAIVER OF FUTURE DEFAULTS

 

SGRM may waive any of its rights hereunder or any

obligations of Customer on a basis which is not unduly

discriminatory; provided that no waiver by either Customer or SGRM

of any one or more defaults by the other in the performance of any

provision of the Storage Service Agreement between Customer and

SGRM shall operate or be construed as a waiver of any future

default or defaults, whether of a like or of a different

character.

 

26. MODIFICATION

 

No modification to the terms and provisions of any Storage

Service Agreement or exhibit thereto shall be or become effective

except by the execution of a superseding Storage Service Agreement

or exhibit thereto.

 

27. SUCCESSORS IN INTEREST

 

Any company which shall succeed by purchase, merger,

consolidation or otherwise to the properties substantially as an

entirety, of SGRM or of Customer, shall be entitled to the rights

and shall be subject to the obligations of its predecessors in

title under a Storage Service Agreement. In accordance with the

capacity release procedures set forth in Section 4 of the General

Terms and Conditions, Customer may, without relieving itself of

its obligations under such Storage Service Agreement, assign any

of its rights and obligations thereunder to another shipper, but

otherwise no assignment of such Storage 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 SGRM,

in the event of any assignment by Customer, or the consent thereto

of Customer, in the event of an assignment by SGRM. These

restrictions on assignment shall not in any way prevent any party

from pledging or mortgaging its rights under a Storage Service

Agreement as security for its indebtedness.