East Tennessee Natural Gas Company
Second Revised Volume No. 1
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Effective Date: 05/01/2000, Docket: RP00-245-000, Status: Effective
Second Revised Sheet No. 194 Second Revised Sheet No. 194 : Superseded
Superseding: First Revised Sheet No. 194
LIQUIFIED NATURAL GAS STORAGE AGREEMENT
ARTICLE XIII - MISCELLANEOUS
13.1 Except for changes specifically authorized pursuant to this
Agreement, no modification of or supplement to the terms and
conditions hereof shall be or become effective until Shipper has
submitted a request for change via PASSKEY and Shipper has been
notified via PASSKEY of Transporter's agreement to such change.
13.2 No waiver by any Party of any one or more defaults by the other in
the performance of any provision of this Agreement shall operate
or be construed as a waiver of any future default or defaults,
whether of a like or of a different character.
13.3 Except when notice is required via PASSKEY, pursuant to
Transporter's LNGS Rate Schedule, or in Transporter's General
Terms and Conditions, any notice, request, demand, statement or
bill provided for in this Agreement or any notice that either
Party may desire to give to the other shall be in writing and
mailed by registered mail to the post office address of the Party
intended to receive the same, as the case may be, to the Party's
address shown on Exhibit A hereto or to such other address as
either Party shall designate by formal written notice to the
other. Routine communications, including monthly statements and
payments, may be mailed by either registered or ordinary mail.
13.4 THE INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT SHALL BE IN
ACCORDANCE WITH AND CONTROLLED BY THE LAWS OF THE STATE OF
TENNESSEE, WITHOUT REGARD TO CHOICE OF LAW DOCTRINE THAT REFERS TO
THE LAWS OF ANOTHER JURISDICTION.
13.5 The Exhibit(s) attached hereto is/are incorporated herein by
reference and made a part of this Agreement for all purposes.
13.6 If any provision of this Agreement is declared null and void, or
voidable, by a court of competent jurisdiction, then that
provision will be considered severable at Transporter's option;
and if the severability option is exercised, the remaining
provisions of the Agreement shall remain in full force and effect.
13.7 This Agreement supersedes and cancels the SWS Gas Sales Agreement
or the LNGS Agreement between Shipper and Transporter dated