Maritimes & Northeast Pipeline, L.L.C.
First Revised Volume No. 1
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Effective Date: 01/07/2008, Docket: RP08-113-000, Status: Effective
First Revised Sheet No. 288 First Revised Sheet No. 288 : Effective
Superseding: Original Sheet No. 288
GENERAL TERMS AND CONDITIONS
(continued)
16. TERMINATION FOR DEFAULT
16.1 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shall be withdrawn and the agreement shall continue in full force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has not been withdrawn prior thereto.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 provision 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. Failure to perform an
act that is excused due to, inter alia, Force Majeure does not
constitute an event of default hereunder.
16.2 Prior to a termination for default, Pipeline may suspend service
to any Customer who fails to comply with the GT&C, the applicable
Rate Schedule, or Customer's Service Agreement. Pipeline's
failure to invoke its right to terminate an agreement for default
shall not be construed as a waiver of Pipeline's right to
terminate service during any other period when Customer is in
violation of the terms of this Tariff or of Customer's Service
Agreement.