National Fuel Gas Supply Corporation

Fourth Revised Volume No. 1

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Effective Date: 09/30/2006, Docket: RP06-291-000, Status: Effective

Third Revised Sheet No. 789 Third Revised Sheet No. 789 : Effective

Superseding: Second Revised Sheet No. 789

 

FORM OF SERVICE AGREEMENT

(FT Service)

 

ARTICLE VII

 

Miscellaneous

 

1. No change, modification or alteration of this Agreement shall be

or become effective until executed in writing by the parties hereto, and no

course of dealing between the parties shall be construed to alter the terms

hereof, except as expressly stated herein.

 

2. No waiver by any party of any one or more defaults by the other

in the performance of any provisions of this Agreement shall operate or be

construed as a waiver of any other default or defaults, whether of a like or

of a different character.

 

3. Any company which shall succeed by purchase, merger or

consolidation of the gas related properties, substantially as an entirety, of

Transporter or of Shipper, as the case may be, shall be entitled to the

rights and shall be subject to the obligations of its predecessor in title

under this Agreement. Either party may, without relieving itself of its

obligations under this Agreement, assign any of its rights hereunder to a

company with which it is affiliated, but otherwise, no assignment of this

Agreement or of any of the rights or obligations hereunder shall be made

unless there first shall have been obtained the consent thereto in writing of

the other party. Consent shall not be unreasonably withheld.

 

4. Except as herein otherwise provided, any notice, request, demand,

statement or bill provided for in this Agreement, or any notice which either

party may desire to give the other, shall be in writing and shall be

considered as duly delivered when mailed by registered or certified mail to

the Post Office address of the parties hereto, as the case may be, as

follows:

 

Transporter: National Fuel Gas Supply Corporation

Interstate Marketing

6363 Main Street

Williamsville, New York 14221

 

Shipper:

 

 

 

or at such other address as either party shall designate by formal written

notice. Routine communications, including monthly statements, shall be

considered as duly delivered when mailed by either registered, certified, or

ordinary mail, electronic communication, or telecommunication.