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. 861 Second Revised Sheet No. 861
Superseding: First Revised Sheet No. 861
FORM OF SERVICE AGREEMENT
P-2 Service (cont'd)
ARTICLE V
Regulatory Approval
Performance under this Agreement by Transporter and Shipper shall be
contingent upon Transporter receiving all necessary regulatory or other
governmental approvals upon terms satisfactory to Transporter. Should
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 P-2, or any effective superseding
rate schedule or otherwise applicable rate schedule, including any provisions
of the General Terms and Conditions incorporated therein, 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 of 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