Empire Pipeline, Inc.

Original Volume No. 1

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Effective Date: 12/10/2008, Docket: CP06-5-010, Status: Effective

Original Sheet No. 305 Original Sheet No. 305



(FT Service)





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:


Transporter: Empire Pipeline, Inc.

Attn: Empire Contract Administration Department

6363 Main Street

Williamsville, New York 14221







or at such other address as either party shall designate by formal written

notice. Routine communications, including monthly statements, shall be

considered as duly delivered when mailed by either registered, certified,

or ordinary mail, electronic communication, or telecommunication.