Cove Point LNG Limited Partnership

Second Revised Volume No. 1

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Effective Date: 06/01/2003, Docket: CP01- 76-003, Status: Effective

First Revised Sheet No. 113 First Revised Sheet No. 113 : Effective

Superseding: Original Sheet No. 113

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

 

5. SERVICE AGREEMENT (Continued)

 

(d) Successors and Assigns. Any company that succeeds by purchase, merger, or

consolidation to the assets of Operator or of Buyer substantially or in its entirety,

shall be entitled to the rights and shall be subject to the obligations of its

predecessor in title under the Service Agreement. Buyer, Operator, and their

successors, may assign or pledge the Service Agreement under the provisions of any

mortgage, deed of trust, indenture or similar instrument that it has executed or may

execute hereafter. Otherwise no party shall assign the Service Agreement or any of

its rights thereunder unless it first shall have obtained in writing the consent

thereto of the other party; provided however, that Buyer under Rate Schedules LTD-1,

FPS-1, FPS-2, FPS-3, and FTS may release and assign service rights contracted for

under such Service Agreement pursuant to Section 10 (Release and Assignment of Service

Rights) of this General Terms and Conditions.

 

(e) Waiver of default. No waiver by either party of any one or more defaults by the other

in the performance of any provisions of the Service Agreement shall operate or be

construed as a waiver of any future default or defaults, whether of a like or

different character.

 

(f) Choice of Law. Unless otherwise specifically stated in the Service Agreement,

interpretation of the provisions of all Service Agreements or other agreements entered

into between Buyer and Operator, including any provisions of this Tariff related to

such agreements and any disputes arising from such agreements, shall be governed by

the law of the State of Delaware.

 

 

6. OPERATING CONDITIONS

 

(a) In General. The general operating conditions set forth in this Section supplement the

terms and conditions set forth in the individual Rate Schedules and elsewhere in the

General Terms and Conditions.

 

(b) Nominations and Scheduling.

 

(1) Except for events solely within Operator's control, the primary obligation and

burden of responsibility to monitor, control, adjust and maintain a concurrent

balance between tenders and takes of Natural Gas shall rest with Buyer.

Operator neither assumes any responsibility nor any obligation to monitor or

adjust Buyer's tenders or takes by the provisions of this Section.

 

(2) All notices or other communications from Buyer to Operator pursuant to the

requirements of this Section, unless otherwise provided for in this Tariff, shall

be submitted electronically through Operator's EBB or through EDI. The date and

time of all such notices or other communications from Buyer to Operator under

this Section shall be deemed to be the date and time those notices or

communications are received by Operator, unless otherwise specified.