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
FORM OF SERVICE AGREEMENT
ARTICLE VII (Cont'd.)
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.