Empire Pipeline, Inc.

Original Volume No. 1

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Effective Date: 12/10/2008, Docket: CP06-5-010, Status: Effective

Original Sheet No. 339 Original Sheet No. 339

 

FORM OF SERVICE AGREEMENT

(IT Service)

 

 

 

ARTICLE VII

 

Miscellaneous

 

 

1. No change, modification or alteration of this Agreement shall be

or become effective until executed in writing by the parties hereto, and no

course of dealing between the parties shall be construed to alter the terms

hereof, except as expressly stated herein.

 

 

2. No waiver by any party of any one or more defaults by the other

in the performance of any provisions of this Agreement shall operate or be

construed as a waiver of any other default or defaults, whether of a like or

of a different character.

 

 

3. Any company which shall succeed by purchase, merger or

consolidation of the gas related properties, substantially as an entirety,

of Transporter or of Shipper, as the case may be, shall be entitled to the

rights and shall be subject to the obligations of its predecessor in title

under this Agreement. Either party may, without relieving itself of its

obligations under this Agreement, assign any of its rights hereunder to a

company with which it is affiliated, but otherwise, no assignment of this

Agreement or of any of the rights or obligations hereunder shall be made

unless there first shall have been obtained the consent thereto in writing

of the other party. Consent shall not be unreasonably withheld.