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indemnity bond or otherwise, then such notice shall be withdrawn and the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.