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.
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.