National Fuel Gas Supply Corporation

Fourth Revised Volume No. 1

Effective Date: 10/01/2002, Docket: RP02-448-000, Status: Effective

Original Sheet No. 880 Original Sheet No. 880 : Effective

TITLE TRANSFER TRACKING NOMINATIONS

PROCESSING AGREEMENT

ARTICLE III

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.

4. 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.

5. 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.

6. No presumption shall operate in favor of or against either party

hereto as a result of any responsibility either party may have had for

drafting this Agreement.