Texas Eastern Transmission, L P

Seventh Revised Volume No. 1

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Effective Date: 03/14/2010, Docket: RP10-375-000, Status: Effective

First Revised Sheet No. 639 First Revised Sheet No. 639

Superseding: Original Sheet No. 639

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

19. JOINT OBLIGATIONS

 

When Customer under a 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.

 

20. NON-DISCRIMINATORY WAIVER OF TARIFF PROVISIONS

 

Pipeline 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 Pipeline of

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

agreement between Customer and Pipeline shall operate or be construed as a waiver of any

future default or defaults, whether of a like or of a different character.

 

21. MODIFICATION

 

No modification of the terms and provisions of any service agreement shall be or become

effective except by the execution of a written contract.

 

22. 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withdrawn and the agreement shall continue in full force and effect.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 paragraph shall be without prejudice to

the right of Pipeline to collect any amounts then due to it for service prior to the time of

cancellation and shall be without prejudice to the right of Customer to receive any service

for which it has paid but has not received, although entitled thereto, 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.