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be withdrawn and the agreement shall continue in full force and effect.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period, provided that notice of termination has not been withdrawn prior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