Caledonia Gas And Storage

First Revised Volume No. 1

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Effective Date: 09/30/2010, Docket: RP10-1032-000, Status: Effective

Original Sheet No. 113 Original Sheet No. 113

 

22.2 Joint Obligations.

When Customer under a Service Agreement consists of two or more persons,

the obligations of such persons under such Service Agreement shall be

joint and several and, except as otherwise provided, any action

provided to be taken by Customer shall be taken by such persons

jointly.

22.3 Non-Discriminatory Waiver of Gas Tariff Provisions and Non-Waiver

of Future Defaults.

Caledonia may waive any of its rights hereunder or any obligations of

Customer on a basis which is not unduly discriminatory; provided that

no waiver by either Customer or Caledonia of any one or more defaults

by the other in the performance of any provisions of a Service

Agreement between Customer and Caledonia shall operate or be construed

as a waiver of any future default or defaults, whether of a like or of

a different character.

22.4 Modification.

No modification to the terms and provisions of any Service Agreement

or exhibit thereto shall be or become effective except by the execution

of a superseding

Service Agreement or exhibit thereto.

22.5 Successors in Interest.

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

otherwise to the properties substantially as an entirety, of Caledonia

or of Customer, shall be entitled to the rights and shall be subject to

the obligations of its predecessors in title under a Service Agreement,

provided, however, that Caledonia reserves the right to evaluate and

approve the creditworthiness of Customer’s successor(s)-in-interest in

accordance with the terms of this Gas Tariff. In accordance with the

capacity release procedures set forth in Section 5 of the General Terms

and Conditions, Customer may, without relieving itself of its

obligations under such Service Agreement, assign any of its rights and

obligations thereunder to another Customer, but otherwise no assignment

of such Service Agreement, or of any of the rights or obligations

thereunder, shall be made unless there first shall have been obtained

the written consent thereto of Caledonia, in the event of any

assignment by Customer, or the written consent thereto of Customer, in

the event of an assignment by Caledonia, and such consent by Caledonia

or Customer, as applicable, shall not be unreasonably withheld. It

shall be reasonable for Caledonia to withhold consent if

(a) Customer requests consent to assign less than its entire interest

in a Service Agreement, or