National Fuel Gas Supply Corporation
Fourth Revised Volume No. 1
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Effective Date: 10/01/2002, Docket: RP02-448-000, Status: Effective
Original Sheet No. 880 Original Sheet No. 880 : Effective
TITLE TRANSFER TRACKING NOMINATIONS
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. This Agreement and the respective obligations of the parties
hereunder are subject to all present and future valid laws, orders, rules and
regulations of constituted authorities having jurisdiction over the parties,
their functions or gas supply, this Agreement or any provision hereof.
Neither party shall be held in default for failure to perform hereunder if
such failure is due to compliance with laws, orders, rules or regulations of
any such duly constituted authorities.
5. The subject headings of the articles of this Agreement are
inserted for the purpose of convenient reference and are not intended to be a
part of the Agreement nor considered in any interpretation of the same.
6. No presumption shall operate in favor of or against either party
hereto as a result of any responsibility either party may have had for
drafting this Agreement.