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