National Fuel Gas Supply Corporation

Fourth Revised Volume No. 1

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Effective Date: 11/01/1998, Docket: RP99- 69-000, Status: Effective

First Revised Sheet No. 821 First Revised Sheet No. 821 : Effective

Superseding: Original Sheet No. 821



(ESS Service)





Incorporation By Reference of Tariff Provisions


To the extent not inconsistent with the terms and conditions of

this agreement, the provisions of Rate Schedule ESS, or any effective

superseding rate schedule or otherwise applicable rate schedule,

including any provisions of the General Terms and Conditions incorporated

therein, and any revisions thereof that may be made effective hereafter

are hereby made applicable to and a part hereof by reference.







1. No change, modification or alteration of this Agreement

shall be or become effective until executed in writing by the parties

hereto, and no course of dealing between the parties shall be construed

to alter the terms hereof, except as expressly stated herein.


2. No waiver by any 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 other default or defaults,

whether of a like or of a different character.


3. Any company which shall succeed by purchase, merger or

consolidation of the gas related properties, substantially as an

entirety, of Transporter or of Shipper, as the case may be, shall be

entitled to the rights and shall be subject to the obligations of its

predecessor in title under this Agreement. Either party may, without

relieving itself of its obligations under this Agreement, assign any of

its rights hereunder to a company with which it is affiliated, but

otherwise, no assignment of this Agreement or of any of the rights or

obligations hereunder shall be made unless there first shall have been

obtained the consent thereto in writing of the other party. Consent

shall not be unreasonably withheld.


4. Except as herein otherwise provided, any notice, request,

demand, statement or bill provided for in this Agreement, or any notice

which either party may desire to give the other, shall be in writing and

shall be considered as duly delivered when mailed by registered or

certified mail to the Post Office address of the parties hereto, as the

case may be, as follows: