Transwestern Pipeline Company
Second Revised Volume No. 1
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Effective Date: 04/01/1997, Docket: RP97- 18-003, Status: Effective
Second Revised Sheet No. 71 Second Revised Sheet No. 71 : Effective
Superseding: Substitute First Revised Sheet No. 71
GENERAL TERMS AND CONDITIONS
(continued)
16. TERMINATION
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16.1 Termination For Default
a) Shippers Receiving Service under the Capacity Release Program:
Transporter may terminate Shipper's Transportation Service
Agreement (Form D) for non-payment in accordance with Section
30.8(f) of these General Terms and Conditions.
b) All other Shippers: If either Transporter or Shipper 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otherwise, then such notice shall be withdrawn and the agreement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notice of termination has not been withdrawn prior thereto.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
Transporter to collect any amounts then due to it for natural
gas delivered prior to the time of cancellation, and to the
right of a Shipper to receive any gas for which it has paid but
has not received, although entitled thereto, prior to the time
of cancellation, and for all Shippers this provision shall be
without waiver of any remedy to which the party not in default
may be entitled for violations of such agreement.