Enbridge Pipelines (AlaTenn) L. L. C.
FOURTH REVISED VOLUME NO. 1
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Effective Date: 10/11/2002, Docket: RP03- 40-000, Status: Effective
Original Sheet No. 161 Original Sheet No. 161 : Effective
GENERAL TERMS AND CONDITIONS (continued)
covenants or obligations imposed upon it by the executed Service
Contract, then in such event the other party may at its option
terminate said Contract 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 contract 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 Contract, and if
within said period of thirty 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,
then such notice shall be withdrawn and the Contract shall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
indemnify the Party giving the notice for any and all consequences
of such breach, within said period of thirty (30) days, the
Contract shall terminate. Any cancellation of the Contract
pursuant to the provisions of this section, except where
Transporter fails to transport gas delivered to it due to its
negligence except where such failure is due to the Shipper's own
conduct or that of its suppliers, 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 shall
be without prejudice to the right of Shipper to receive any gas
which it has not received but for which it has delivered to
Transporter for transportation prior to the time of cancellation,
and without waiver of any remedy to which the Party not in default
may be entitled for violation of the Contract.
12. NOTICES
Unless otherwise specifically provided in this Tariff, particularly with
regard to notices and communications required through Transporter's EBB,
any notice, request, demand, statement, or bill provided for in this
Tariff or in an executed Service Contract, or any notice which either
Transporter or Shipper may desire to give to the other, shall be in
writing and