Stingray Pipeline Company, L. L. C.

Third Revised Volume No. 1

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Effective Date: 11/01/2008, Docket: RP08-436-000, Status: Effective

Second Revised Sheet No. 322 Second Revised Sheet No. 322

Superseding: First Revised Sheet No. 322

 

ARTICLE 4

MISCELLANEOUS

 

4.1 General Terms and Conditions. This Agreement is subject to the

provisions of the General Terms and Conditions of Stingray's Tariff, as

such may be modified, supplemented, superseded or replaced generally or

as to the service hereunder. Stingray reserves the right from time to

time to unilaterally file and to make effective any such changes in the

provisions of the General Terms and Conditions, subject to the

applicable provisions of the Natural Gas Act and the Commission's

Regulations thereunder. The General Terms and Conditions of Stingray's

Tariff are by this reference incorporated in their entirety into this

Agreement and made an integral part hereof.

 

4.2 Nonwaiver of Rights. No delay or failure to exercise any right or

remedy accruing to either Stingray or Shipper or Shipper's Designee upon

breach or default by the other will impair any right or remedy or be

construed to be a waiver of any such breach or default, nor will a

waiver of any single breach be deemed a waiver of any other breach or

default.

 

4.3 Succession and Assignment.

 

(a) Any entity which shall succeed by purchase, merger or

consolidation to title to the properties, substantially as an

entirety, of Stingray or 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.

 

(b) No sale or assignment of Shipper's right, title, and interest in

the Dedicated Reserves shall be effective as to Stingray without

the prior written consent of Stingray, which consent shall be

subject to the following conditions:

 

(i) the party acquiring the Dedicated Reserves from Shipper

("Assignee") acquiring sufficient transportation capacity on

Stingray to transport the Dedicated Reserves through either

the capacity release process under Stingray's Tariff or

directly from Stingray pursuant to a request for service;

 

(ii) if requested by Stingray, Assignee providing Stingray

confirmation of Assignee's acceptance of a discounted

transportation rate from Stingray for the Dedicated

Reserves to be transported on Stingray consistent with the

discounted transportation rate that Shipper received from

Stingray for the transportation of the Dedicated Reserves;