Valero Interstate Transmission Company
First Revised Volume No. 1
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Effective Date: 11/01/1991, Docket: GT91- 42-000, Status: Effective
Original Sheet No. 15 Original Sheet No. 15 : Superseded
RATE SCHEDULE ITS-1
Interruptible Transportation Service
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(continued)
8. TERMINATION FOR DEFAULT
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If either Vitco 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
stating specifically the cause for terminating the agreement and declaring
it to be the intention of the party giving notice to terminate the same;
thereupon the party in default shall have 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 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such notice shall be withdrawn and the agreement shall continue in full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
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withdrawn prior thereto.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 termination of such agreement pursuant to the
provisions of this paragraph shall be without prejudice to the right of
Vitco to collect any amounts then due to it and shall be without prejudice
to the right of Shipper to receive any gas which it has delivered to Vitco
but which Vitco has not delivered back to Shipper, although entitled
thereto, and without waiver of any remedy to which the party not in default
may be entitled for violations of such agreement.