Pacific Interstate Transmission Company

Original Volume No. 1

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Effective Date: 10/01/1981, Docket: GT97- 67-000, Status: Effective

Original Sheet No. 117 Original Sheet No. 117 : Effective

 

 

 

GENERAL TERMS AND CONDITIONS (Continued)

 

 

16. NOTICES

 

 

Any notice or other communication required to be given or made in writing

under a Buyer's Service Agreement shall be sufficiently given if reduced

to writing and delivered, mailed by prepaid mail, or sent by telegraph or

other mechanical means of transmitting written messages, to the Person to

which it is to be given or made at the address of such Person provided for

in Exhibit A to such Service Agreement or at such other address as shall

have last been notified by such Person to the other in the manner provided

in this Section 16. Any such notice or other communication which is

mailed or sent as aforesaid shall only be considered to be given or made

when it is actually received by the Person to which it is given or made.

 

 

17. DEFAULTS

 

 

No default in the performance of any of the obligations of Seller or Buyer

under Buyer's Service Agreement shall operate to terminate such Service

Agreement, or except as specifically provided in such Service Agreement,

to relieve Seller or such Buyer from due and punctual compliance with its

obligations thereunder.

 

 

18. SUCCESSORS AND ASSIGNS

 

 

Any Person which shall succeed by purchase, amalgamation, merger or con-

solidation to the properties, substantially as an entirety, of Buyer or of

Seller, as the case may be, and which shall assume all obligations under

Buyer's Service Agreement of Buyer or Seller, as the case may be, shall be

entitled to the rights, and shall be subject to the obligations, of its

predecessor under Buyer's Service Agreement. Either party to a Buyer's

Service Agreement may pledge or charge the same under the provisions of

any mortgage, deed of trust, indenture or similar instrument which it has

executed covering substantially all of it properties, or assign such

Service Agreement to any affiliated Person (which for such purpose shall

mean any Person which controls, is under common control with or is

controlled by such party). Nothing contained in this Section 18 shall,

however, operate to release predecessor Buyer from its obligations under

its Service Agreement unless Seller shall, in its sole descretion,

consent in writing to such release, which it shall not do unless it

concludes that, on the basis of the facts available to it, such release

is not likely to have a substantial adverse effect upon other Buyers or

other Persons who may become liable to provide funds to Seller to enable

it to meet any of its obligations. Buyer shall, at Seller's request,

execute such instruments and take such other action as may be desirable

to give effect to any such assignment of Seller's rights under such

Buyer's Service Agreement or to give effect to the right of a Person

whom the Seller has specified pursuant to Subsection 5.21 hereof as the

person to whom payment of amounts invoiced by Seller shall be made.

 

 

 

 

 

 

 

 

 

(continued)