Texas Eastern Transmission Corporation
Sixth Revised Volume No. 1
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Effective Date: 06/01/1993, Docket: RS92- 11-009, Status: Effective
Original Sheet No. 666 Original Sheet No. 666 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
19. JOINT OBLIGATIONS
When Customer under a service agreement consists of two or more per-
sons, the obligations of such persons under such agreement shall be joint
and several and, except as otherwise provided, any action provided to be
taken by Customer shall be taken by such persons jointly.
20. NON-DISCRIMINATORY WAIVER OF TARIFF PROVISIONS AND NON-WAIVER
OF FUTURE DEFAULTS
Pipeline may waive any of its rights hereunder or any obligations of
Customer on a basis which is not unduly discriminatory; provided that no
waiver by either Customer or Pipeline of any one or more defaults by the
other in the performance of any provision of the service agreement between
Customer and Pipeline shall operate or be construed as a waiver of any
future default or defaults, whether of a like or of a different character.
21. MODIFICATION
No modification of the terms and provisions of any service agreement
shall be or become effective except by the execution of a written contract.
22. TERMINATION FOR DEFAULT
If either Pipeline or Customer shall fail to perform any of the
covenants or obligations imposed upon it or them under and by virtue of a
Service Agreement hereunder, then in such event the other party may at its
option terminate such agreement by proceeding as follows: The party not in
default shall cause a written notice to be served on the party in default
stating specifically the cause for terminating the agreement and declaring
it to be the intention of the party giving the notice to terminate the
same; thereupon the party in default shall have thirty (30) days after the
service of the aforesaid notice in which to remedy or remove the cause or
causes stated in the notice for terminating the agreement, and if within
said period of thirty (30) days the party in default does so remove and
remedy said cause or causes and fully indemnify the party not in default
for any and all consequences of such breach, by a good and sufficient
indemnity bond or otherwise, then such notice shall be withdrawn and the
agreement shall continue in full force and effect. In case the party in
default does not so remedy and remove the cause or causes or does not so
indemnify the party giving the notice for any and all consequences of such
breach, within said period of thirty (30) days, then, after any necessary
authorization by regulatory bodies having jurisdiction, the agreement shall
become null and void from and after the expiration of said period, provided
that notice of termination has not been withdrawn prior thereto. Any
cancellation of such agreement pursuant to the provisions of this paragraph
shall be without prejudice to the right of Pipeline to collect any amounts
then due to it for service prior to the time of cancellation and shall be
without prejudice to the right of Customer to receive any service for which
it has paid but has not received, although entitled thereto, prior to the
time of cancellation, and without waiver of any remedy to which the party
not in default may be entitled for violations of such agreement.