Millennium Pipeline Company, L. L. C.
Original Volume No. 1
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Effective Date: 11/01/2009, Docket: RP10-17-000, Status: Effective
First Revised Sheet No. 508 First Revised Sheet No. 508
Superseding: Original Sheet No. 508
GENERAL TERMS AND CONDITIONS
52. MISCELLANEOUS PROVISIONS
52.1 Waiver of Default. No waiver by either party of any default by the
other in the performance of any provisions of an executed Service Agreement
will operate as a waiver of any continuing or future default, whether of a
like or different character.
52.2 Assignability. A Service Agreement binds and inures to the benefit of
the respective successors and assigns of the parties thereto, but no
assignment releases either party from such party's obligations without the
written consent of the other party, which consent may not be unreasonably
withheld. Nothing contained in this Section may prevent either party from
pledging, mortgaging or assigning its rights as security for its indebtedness
and either party may assign to the pledges or mortgages (or to a trustee for
the holder of such indebtedness) any money due or to become due under any
52.3 Effect of Headings. The headings used in these General Terms and
Conditions and in Service Agreements are for reference purposes only and
should not be considered when construing the terms and provisions of any
paragraph nor be deemed to qualify, modify or explain the effects of any such
terms or provisions.
52.4 Non-Discrimination. Transporter will apply all of the terms and
conditions contained in this FERC Gas Tariff in a uniform and not unduly
discriminatory manner without regard to whether the Gas transported is sold
by Transporter or any of Transporter's affiliates or any other seller of Gas.
53. REIMBURSEMENT OF SALES AND USE TAXES
Shipper must pay to Transporter any applicable energy, value added, sales
or use tax, gross proceeds tax, or similar tax, and any penalty and interest
imposed on the Shipper by the federal government, any state, or by any
political subdivision of a state, which amount Transporter is obligated by
law to collect and remit. If Shipper is exempt from the obligation to pay
such taxes, Shipper must provide Transporter with documentation establishing
that exemption. Otherwise, such amounts will be separately stated on
Transporter's invoice and must be paid by Shipper.
54. OPERATIONAL TRANSACTIONS
54.1 Transporter may buy, sell or borrow or tender gas for return at a
later date (an "Operational Transaction") to the extent necessary to: