Caledonia Gas And Storage
Original Volume No. 1
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Effective Date: 05/01/2007, Docket: CP05- 15-003, Status: Effective
Original Sheet No. 57 Original Sheet No. 57 : Effective
17. ASSIGNMENT
Any company that succeeds by purchase, merger or consolidation to the gas
properties of Caledonia or of Customer substantially as an entirety, and any
affiliated successor in interest that acquires from Caledonia the properties of
Caledonia used in interstate commerce in rendering service to Customer, 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
Caledonia reserves the right to evaluate and approve the creditworthiness of
the new entity in accordance with Sections 3 and 24 of the General Terms and
Conditions of this Tariff. Customer, Caledonia, and their successors may
assign or pledge the Service Agreement under the provisions or any mortgage,
deed of trust, indenture or similar instrument that it has executed or may
execute hereafter; provided, however, that such mortgage, deed of trust,
indenture or similar instrument shall cover the properties of such Party as an
entirety unless such Party is an affiliated successor in interest, otherwise no
Party shall assign the Service Agreement or any of its rights thereunder unless
it first shall have obtained in writing the consent thereto of the other Party;
provided, however, that Customer may release service rights contracted for
under such Service Agreement pursuant to the conditions, and subject to the
limitations, of Section 9 (Release of Service Rights) of the General Terms and
Conditions. Any direct or indirect assignment of service rights by Customer
under this paragraph shall be made in good faith and not for the purpose of
avoiding the requirements of Section 9.
18. NOTICES
Any notice, demand, offer or other written instrument required or permitted to
be given pursuant to the Service Agreement, except for those provisions in
Caledonia’s Tariff requiring otherwise, shall be in writing signed by the Party
giving such notice and shall be hand delivered or sent by registered letter or
overnight courier provided a receipt signed by the addressee is obtained, or
telexed to the other Party. Unless otherwise specifically provided in the
Service Agreement, any written notice or other communication shall be
sufficiently given or shall be deemed given on the third business Day following
the date on which the same is mailed by registered or certified mail, postage
prepaid. Unless otherwise specified, Notices to Caledonia should be addressed
to:
Caledonia Energy Partners, L.L.C.
2001 Timber Creek RoadFlower Mound, TX 75028
Attn: Mr. Jim Goetz
Phone (972) 691-3332
Facsimile (972) 874-8743
Each Party shall have the right to change the place to which notice shall be
sent or delivered by similar notice or like manner to the other Party. The
effective date of notice issued pursuant to this Agreement shall be the earlier
of the date of addressee’s receipt of such notice or the third business Day
following the date on which the same is mailed by registered or certified mail,
postage prepaid.