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. 440 Original Sheet No. 440



(IT Service)







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,

ordinary mail, electronic communication, or telecommunication.



5. Transporter shall proceed with due diligence to obtain such

governmental and other regulatory authorizations as may be required for the

rendition of the services contemplated herein, provided that Transporter

reserves the right to file and prosecute applications for such

authorizations, any supplements or amendments thereto and, if necessary, any

court review, in such manner as it deems to be in its best interest,

including the right to withdraw the application or to file pleadings and

motions (including motions for dismissal).



6. 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.