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. 862 Second Revised Sheet No. 862
Superseding: First Revised Sheet No. 862
FORM OF SERVICE AGREEMENT
P-2 Service (cont'd)
ARTICLE VII
(cont'd)
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).
6. This Agreement and the respective obligations of the parties
hereunder are subject to all present and future valid laws, orders, rules and
regulations 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.