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. 440 Original Sheet No. 440
FORM OF SERVICE AGREEMENT
ARTICLE VII (Cont'd.)
4. Except as herein otherwise provided, any notice, request,
demand, statement or bill provided for in this Agreement, or any notice
which either party may desire to give the other, shall be in writing and
shall be considered as duly delivered when mailed by registered or certified
mail to the Post Office address of the parties hereto, as the case may be,
Transporter: Empire Pipeline, Inc.
Attn: Empire Contract Administration Department
6363 Main Street
Williamsville, New York 14221
or at such other address as either party shall designate by formal written
notice. Routine communications, including monthly statements, shall be
considered as duly delivered when mailed by either registered, certified,
ordinary mail, electronic communication, or telecommunication.
5. Transporter shall proceed with due diligence to obtain such
governmental and other regulatory authorizations as may be required for the
rendition of the services contemplated herein, provided that Transporter
reserves the right to file and prosecute applications for such
authorizations, any supplements or amendments thereto and, if necessary, any
court review, in such manner as it deems to be in its best interest,
including the right to withdraw the application or to file pleadings and
motions (including motions for dismissal).
6. This Agreement and the respective obligations of the parties
hereunder are subject to all present and future valid laws, orders, rules
and regulations of constituted authorities having jurisdiction over the
parties, their functions or gas supply, this Agreement or any provision
hereof. Neither party shall be held in default for failure to perform
hereunder if such failure is due to compliance with laws, orders, rules or
regulations of any such duly constituted authorities.