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. 833 Second Revised Sheet No. 833 : Effective
Superseding: First Revised Sheet No. 833
FORM OF SERVICE AGREEMENT
IR-1 (Cont'd)
ARTICLE VII (continued)
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.
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).