National Fuel Gas Supply Corporation

Fourth Revised Volume No. 1

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Effective Date: 10/25/2009, Docket: RP09-1072-000, Status: Effective

Second Revised Sheet No. 810 Second Revised Sheet No. 810

Superseding: First Revised Sheet No. 810

 

FORM OF SERVICE AGREEMENT

(IAS Service)

 

 

ARTICLE V (Cont'd)

 

Transporter be denied such approvals to provide the service contemplated

herein or construct and operate any necessary facilities therefor upon the

terms and conditions requested in the application therefor, then

Transporter's and Shipper's obligations hereunder shall terminate.

 

 

ARTICLE VI

 

Incorporation By Reference of Tariff Provisions

 

To the extent not inconsistent with the terms and conditions of this

agreement, the provisions of Rate Schedule IAS, including any provisions of

the General Terms and Conditions incorporated therein, or any effective

superseding rate schedule or otherwise applicable rate schedule, and any

revisions thereof that may be made effective hereafter are hereby made

applicable to and a part hereof by reference.

 

 

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.