Monroe Gas Storage Company, LLC

Original Volume No. 1

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Effective Date: 04/29/2009, Docket: RP09-447-000, Status: Effective

Original Sheet No. 192 Original Sheet No. 192

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

24. DEFAULT

 

24.1 Termination. If either Operator or Customer shall fail to perform any of

the covenants or obligations imposed upon it or them under and by virtue

of this FERC Gas Tariff or any effective Service Agreement except due to

causes excused by Force Majeure, then the other party may at its option

terminate such 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be withdrawn and the agreement shall continue in full force and effect.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 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period, provided that notice of termination has not been withdrawn prior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 agreement pursuant to the provisions

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

collect any amounts then due to it for the provision of any natural gas

service 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 agreement

 

24.2 Suspension of Service. Prior to a termination for default, Operator may

suspend service to any Customer who fails to comply with this FERC Gas

Tariff, inclusive of the General Terms and Conditions, the applicable

Rate Schedule, or Customer's Service Agreement. Operator's failure to

invoke its right to terminate an agreement for default shall not be

construed as a waiver of Operator's right to terminate service during

any other period when Customer is in violation of the terms of this FERC

Gas Tariff or of Customer's Service Agreement.