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Second Revised Sheet No. 185 Second Revised Sheet No. 185 : Superseded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.