Ngo Transmission, Inc.

Original Volume No. 1

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Effective Date: 11/22/2003, Docket: RP04- 67-000, Status: Effective

Original Sheet No. 108 Original Sheet No. 108 : Effective

 

25. SUCCESSORS AND ASSIGNS

 

Any company which shall succeed by purchase, merger or consolidation to

the properties, substantially as an entirety, of Shipper or Transporter

shall be entitled to the rights and shall be subject to the obligations

of its predecessor in title under the service agreement; provided,

however, that Transporter reserves the right to evaluate and approve the

creditworthiness of the new entity in accordance with the credit

evaluation provision of these General Terms and Conditions. No other

assignment of a service agreement, or any of the rights or obligations

thereunder shall be made by Shipper unless there first shall have been

obtained the written consent thereto of Transporter. Shipper or

Transporter may pledge or assign its respective right, title and

interest in and to and under a service agreement to a trustee or

trustees, individual or corporate, as security for bonds or other

obligations or securities without the necessity of such trustee or

trustees becoming in any respect obligated to perform the obligations of

the assignor under a service agreement and, if any such trustee be a

corporation, without its being required to qualify to do business in any

State in which performance of the transportation service agreement may

occur.

 

26. NEGOTIATED RATES

 

26.1 Preconditions to Negotiated Rates: Rates to be charged by

Transporter for service to any Shipper under any Rate Schedule in

this Tariff may deviate in either form or level or both from the

applicable maximum and/or minimum rate levels specified in the

effective Notice of Rates in this Tariff, subject to the following

provisions:

 

(a) Transporter and Shipper have executed a valid service

agreement containing therein or in a related agreement a

specific mutual understanding that Negotiated Rate(s) will

apply to service for that Shipper;

 

(b) At the time of execution of the service agreement (or any

amendment thereto), which first provides for the

applicability to Shipper of Negotiated Rates, service was

available pursuant to the terms and conditions (not modified

by this Section) of the applicable Rate Schedule;

 

(c) Transporter may only offer or accept offers for service

under this Section if and to the extent service is available

at the Recourse Rate;