National Fuel Gas Supply Corporation

Third Revised Volume No. 1

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Effective Date: 04/01/1997, Docket: RP97-201-000, Status: Effective

First Revised Sheet No. 145 First Revised Sheet No. 145 : Superseded

Superseding: Original Sheet No. 145

GENERAL TERMS AND CONDITIONS

 

 

8. FORCE MAJEURE AND REMEDIES (Cont'd.)

 

written notice to be served on theparty in default stating speci-

fically the cause for terminating the agreement and declaring it to

be the intention of the party giving the notice to terminate the

same; thereupon, the party in default shall have thirty (30) days

after the service of the aforesaid notice in which to remedy or

remove the cause or causes stated in the notice for terminating the

agreement, and if within said period of thirty (30) days the party

in default does so remove and remedy said cause or causes and fully

indemnify the party not in default for any and all consequences of

such breach, then such notice shall be withdrawn and the agreement

shall continue in full force and effect.

 

In case the party in default does not so remedy and remove the

cause or causes or does not indemnify the party giving the notice

for any and all consequences of such breach within said period of

thirty (30) days, the agreement shall terminate; provided, however,

that Transporter may not terminate a Service Agreement until it has

obtained the authorization required by valid laws, order, rules and

regulations of duly constituted authorities having jurisdiction.

Any termination of a Service Agreement pursuant to the provisions

of this Section 8.3 shall be without prejudice to the right of

Transporter to collect any amounts then due to Transporter for

services rendered prior to the time of termination, and shall be

without prejudice to the right of Shipper to receive any service

which it has not received, but for which it has paid prior to the

time of termination, and without waiver of any remedy to which the

party not in default may be entitled for violations of the Service

Agreement.

 

The provisions of this Subsection 8.3 of Section 8 shall be in

addition to such other remedies as would be available under Subsec-

tion 5.4 of Section 5 hereof.

 

8.4 Waiver of Claims. Except as expressly provided hereunder, in the

absence of negligence or willful misconduct on the part of

Transporter, Shipper waives any and all claims and demands against

Transporter, its officers, employees or agents, arising out of or

in any way connected with: