Steckman Ridge, LP

Original Volume No. 1

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Effective Date: 04/01/2009, Docket: RP09-389-000, Status: Effective

Original Sheet No. 291 Original Sheet No. 291

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

35. TERMINATION FOR DEFAULT

 

35.1 Termination of Service. If either Steckman Ridge or Customer

shall fail to perform any of the covenants or obligations imposed

upon it or them under and by virtue of an applicable rate schedule

or effective Service Agreement, then the other party may at its

option terminate such Service Agreement by proceeding as follows.

The party not in default shall provide written notice to the party

in default stating specifically 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 receipt of such notice to remedy

or remove the cause or causes stated in the notice, and if within

the thirty (30) day period the party in default does so remove and

remedy said cause or causes and fully indemnifies the party not in

default for any and all consequences of such breach, by a good and

sufficient indemnity bond or otherwise, then such notice shall be

withdrawn and the Service Agreement shall continue in full force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 so indemnify the party

giving the notice for any and all consequences of such breach,

within the thirty (30) day period, then, after any necessary

authorization by regulatory bodies having jurisdiction, the

Service Agreement shall become void at the expiration of said

period, provided that notice of termination has not been withdrawn

prior thereto. Any cancellation of such Service Agreement

pursuant to the provisions of this paragraph shall be without

prejudice to the right of Steckman Ridge to collect any amounts

then due to it for service provided prior to the time of

cancellation, and shall be without prejudice to the right of

Customer to receive any service for which it has paid but has not

received, although entitled thereto, prior to the time of

cancellation, and without waiver of any remedy to which the party

not in default may be entitled for violations of such Service

Agreement.

 

35.2 Suspension of Service. Prior to a termination for default,

Steckman Ridge may suspend service to any Customer who fails to

comply with the General Terms and Conditions, the applicable rate

schedule, or Customer's Service Agreement. Steckman Ridge's

failure to invoke its right to terminate a Service Agreement for

default shall not be construed as a waiver of Steckman Ridge's

right to terminate service during any other period when Customer

is in violation of the terms of this tariff or of Customer's

Service Agreement.