East Tennessee Natural Gas Company
Second Revised Volume No. 1
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Effective Date: 05/01/2000, Docket: RP00-245-000, Status: Effective
Second Revised Sheet No. 185 Second Revised Sheet No. 185 : Superseded
Superseding: First Revised Sheet No. 185
FIRM TRANSPORTATION AGREEMENT
(For Use Under Rate Schedules FT-A and FT-GS)
ARTICLE XIV - MISCELLANEOUS
14.1 Except for changes specifically authorized pursuant to this
Agreement, no modification of or supplement to the terms and
conditions hereof shall be or become effective until Shipper has
submitted a request for change via PASSKEY and Shipper has been
notified via PASSKEY of Transporter's agreement to such change.
14.2 No waiver by any Party of any one or more defaults by the other
in the performance of any provision of this Agreement shall
operate or be construed as a waiver of any future default or
defaults, whether of a like or of a different character.
14.3 Except when notice is required via PASSKEY, pursuant to
Transporter's FT-A or FT-GS Rate Schedule, as applicable, or
pursuant to Transporter's General Terms and Conditions, any
notice, request, demand, statement or bill provided for in this
Agreement or any notice that either Party may desire to give to
the other shall be in writing and mailed by registered mail to
the post office address of the Party intended to receive the
same, as the case may be, to the Party's address shown on Exhibit
A hereto or to such other address as either Party shall designate
by formal written notice to the other. Routine communications,
including monthly statements and payments, may be mailed by
either registered or ordinary mail. Notice shall be deemed given
when sent.
14.4 THE INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT SHALL BE IN
ACCORDANCE WITH AND CONTROLLED BY THE LAWS OF THE STATE OF
TENNESSEE, WITHOUT REGARD TO CHOICE OF LAW DOCTRINE THAT REFERS
TO THE LAWS OF ANOTHER JURISDICTION.
14.5 The Exhibit(s) attached hereto is/are incorporated herein by
reference and made a part of this Agreement for all purposes.
14.6 If any provision of this Agreement is declared null and void, or
voidable, by a court of competent jurisdiction, then that
provision will be considered severable at Transporter's option;
and if the severability option is exercised, the remaining
provisions of the Agreement shall remain in full force and
effect.