Trunkline Gas Company

First Revised Volume No. 1

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Effective Date: 09/01/1993, Docket: RS92- 25-005, Status: Effective

Original Sheet No. 389 Original Sheet No. 389 : Effective

 

RATE SCHEDULE USS (Continued)

UNBUNDLED SALES SERVICE

FORM OF SERVICE AGREEMENT

 

 

11.2 Gas tendered for delivery to Buyer hereunder shall be of

merchantable quality and shall conform to the quality and thermal

content specifications contained in the Transportation Contract(s).

 

11.3 Gas tendered for delivery to Buyer hereunder shall be at a

pressure sufficient to enter Trunkline's System at the Point(s) of

Delivery against the pressure prevailing therein from time to time.

 

ARTICLE 12

 

MISCELLANEOUS

 

12.1 No waiver by either party of any one or more defaults by the

other in the performance of any provisions of this Agreement shall

operate or be construed as a waiver of any future default or defaults,

whether of a like or a different character.

 

12.2 THE INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT SHALL

BE IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT RECOURSE

TO ANY LAWS GOVERNING CONFLICT OF LAWS, AND TO ALL PRESENT AND FUTURE

VALID LAWS WITH RESPECT TO THE SUBJECT MATTER INCLUDING PRESENT AND

FUTURE ORDERS, RULES AND REGULATIONS OF DULY CONSTITUTED AUTHORITIES.

 

12.3 Any notice to either party required or permitted hereunder

shall be in writing and shall be considered as completed when received

by mail, hand delivery or facsimile by the other party at the address or

telephone provided in Exhibit A attached to this Agreement. Any notice

sent by facsimile shall be also be sent by mail or hand delivery.

Either party may change the information specified in this Section 12.3

upon the giving of prior written notice thereof to the other party.

 

12.4 Buyer and Trunkline hereby agree that the terms and

provisions of this Agreement contain commercially sensitive information,

that the confidentiality of same shall be maintained, and that neither

will disclose such information to any third party unless by mutual

consent, which consent will not be unreasonably withheld, or unless

required to do so by judicial or governmental order, rule or regulation,

provided such information will be disclosed due to such order, rule or

regulation on a basis that will maintain its confidentiality to the

greatest extent possible, such as by submission under seal to the

appropriate regulatory body.