National Fuel Gas Supply Corporation
Fourth Revised Volume No. 1
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Effective Date: 11/01/2003, Docket: RP04- 5-000, Status: Effective
Second Revised Sheet No. 811 Second Revised Sheet No. 811 : Effective
Superseding: First Revised Sheet No. 811
FORM OF SERVICE AGREEMENT
ARTICLE VI (Cont'd.)
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
Transporter: National Fuel Gas Supply Corporation
6363 Main Street
Williamsville, New York 14221
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,
ordinary mail, electronic communication, or telecommunication.
5. Transporter shall proceed with due diligence to obtain such
governmental and other regulatory authorizations as may be required for the
rendition of the services contemplated herein, provided that Transporter
reserves the right to file and prosecute applications for such
authorizations, any supplements or amendments thereto and, if necessary, any
court review, in such manner as it deems to be in its best interest,
including the right to withdraw the application or to file pleadings and
motions (including motions for dismissal).
6. This Agreement and the respective obligations of the parties
hereunder are subject to all present and future valid laws, orders, rules and
regulations of constituted authorities having jurisdiction over the parties,
their functions or gas supply, this Agreement or any provision hereof.
Neither party shall be held in default for failure to perform hereunder if
such failure is due to compliance with laws, orders, rules or regulations of
any such duly constituted authorities.
7. The subject headings of the articles of this Agreement are
inserted for the purpose of convenient reference and are not intended to be a
part of the Agreement nor considered in any interpretation of the same.