Kentucky West Virginia Gas Company

Third Revised Volume No. 1

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Effective Date: 07/01/1993, Docket: RS92- 18-004, Status: Effective

Original Sheet No. 138 Original Sheet No. 138 : Superseded






Any company which shall succeed by purchase, merger or consolidation

to the properties, substantially or in their entirety, of Pipeline or

of Customer, as the case may be, shall be entitled to the rights and

shall be subject to the obligations of its predecessors in title under

a Service Agreement. Any party may, without relieving itself of its

obligations under such Service Agreement, assign any of its rights

thereunder to a company with which it is affiliated, but otherwise no

assignment of such Service Agreement, or of any of the rights or

obligations thereunder shall be made unless there first shall have been

obtained the consent thereto of Pipeline, in the event of any assignment

by Customer, or the consent thereto of Customer, in the event of any

assignment by Pipeline. These restrictions on assignment shall not in

any way prevent any party from pledging or mortgaging its rights under

a Service Agreement as security of its indebtedness.




If either Seller or Buyer 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notice shall be withdrawn and the Agreement shall continue in full force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 Section shall be

without prejudice to the right of Pipeline to collect any amounts then

due to it for natural gas delivered prior to the time of cancellation,

and without waiver of any remedy to which the party not in default may

be entitled for violations of such Agreement.