National Fuel Gas Supply Corporation

Fourth Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

Effective Date: 08/01/1997, Docket: RP97-398-000, Status: Effective

Original Sheet No. 348 Original Sheet No. 348 : Effective

 

GENERAL TERMS AND CONDITIONS

 

 

8. FORCE MAJEURE AND REMEDIES (Cont'd.)

 

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,

then such notice shall be withdrawn and the agreement shall con-

tinue in full force and effect.

 

In case the party in default does not so remedy and remove the

cause or causes or does not indemnify the party giving the notice

for any and all consequences of such breach within said period of

thirty (30) days, the agreement shall terminate; provided,

however, that Transporter may not terminate a Service Agreement

until it has obtained the authorization required by valid laws,

order, rules and regulations of duly constituted authorities

having jurisdiction. Any termination of a Service Agreement

pursuant to the provisions of this Section 8.3 shall be without

prejudice to the right of Transporter to collect any amounts then

due to Transporter for services rendered prior to the time of

termination, and shall be without prejudice to the right of

Shipper to receive any service which it has not received, but for

which it has paid prior to the time of termination, and without

waiver of any remedy to which the party not in default may be

entitled for violations of the Service Agreement.

 

The provisions of this Subsection 8.3 of Section 8 shall be in

addition to such other remedies as would be available under

Subsection 5.4 of Section 5 hereof.

 

8.4 Waiver of Claims

 

Except as expressly provided hereunder, in the absence of

negligence or willful misconduct on the part of Transporter,

Shipper waives any and all claims and demands against

Transporter, its officers, employees or agents, arising out of or

in any way connected with: