East Tennessee Natural Gas Company
Second Revised Volume No. 1
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Effective Date: 09/03/1998, Docket: RP98-367-000, Status: Effective
First Revised Sheet No. 271 First Revised Sheet No. 271 : Superseded
Superseding: Original Sheet No. 271
SYSTEM LICENSE AGREEMENT (continued)
ARTICLE VII - MISCELLANEOUS
7.1 Conformance with Tariff -- Subscriber's use of the System shall be in accordance
with and subject to Pipeline's currently effective FERC Gas Tariff, including any
and all applicable provisions of the General Terms and Conditions and the terms
and conditions of any relevant rate schedules, all of which terms and conditions
are incorporated herein by reference. In the event of a conflict between the
terms and conditions of this Agreement and any other applicable terms and
conditions set forth in Pipeline's FERC Gas Tariff, such other terms and
conditions shall govern. For Subscriber's convenience, the terms and provisions
of Pipeline's FERC Gas Tariff are available on the System. In the event of a
conflict between what is displayed on the System and Pipeline's currently
effective FERC Gas Tariff on file with the Federal Energy Regulatory Commission
(FERC), Pipeline's currently effective tariff on file with FERC shall govern.
7.2 THE INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT SHALL BE IN ACCORDANCE WITH
AND CONTROLLED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICTS
OF LAWS AND PROVISIONS.
7.3 This Agreement and the obligations of the Parties are subject to all present and
future valid laws with respect to the subject matter either State or Federal, and
to all valid present and future orders, rules, and regulations of duly constituted
authorities having jurisdiction.
7.4 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 either party's option; and if the severability option is exercised, the
remaining provisions of the Agreement shall remain in full force and effect.
7.5 Unless otherwise expressly provided in this Agreement or in Pipeline's FERC Gas
Tariff, no modification of or supplement to the terms and provisions hereof shall
be or become effective, except by the execution of by both parties of a written
amendment.
7.6 This Agreement, as of the date of its execution, shall supersede and cancel any
previously executed agreements between Pipeline and Subscriber with respect to the
use of the System.