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Second Revised Sheet No. 194 Second Revised Sheet No. 194 : Superseded

Superseding: First Revised Sheet No. 194

 

LIQUIFIED NATURAL GAS STORAGE AGREEMENT

 

ARTICLE XIII - MISCELLANEOUS

 

13.1 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.

 

13.2 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.

 

13.3 Except when notice is required via PASSKEY, pursuant to

Transporter's LNGS Rate Schedule, or in 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.

 

13.4 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.

 

13.5 The Exhibit(s) attached hereto is/are incorporated herein by

reference and made a part of this Agreement for all purposes.

 

13.6 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.

 

13.7 This Agreement supersedes and cancels the SWS Gas Sales Agreement

or the LNGS Agreement between Shipper and Transporter dated

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