Cove Point LNG Limited Partnership
Second Revised Volume No. 1
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Effective Date: 06/01/2003, Docket: CP01- 76-003, Status: Effective
First Revised Sheet No. 113 First Revised Sheet No. 113 : Effective
Superseding: Original Sheet No. 113
GENERAL TERMS AND CONDITIONS
5. SERVICE AGREEMENT (Continued)
(d) Successors and Assigns. Any company that succeeds by purchase, merger, or
consolidation to the assets of Operator or of Buyer substantially or in its entirety,
shall be entitled to the rights and shall be subject to the obligations of its
predecessor in title under the Service Agreement. Buyer, Operator, and their
successors, may assign or pledge the Service Agreement under the provisions of any
mortgage, deed of trust, indenture or similar instrument that it has executed or may
execute hereafter. Otherwise no party shall assign the Service Agreement or any of
its rights thereunder unless it first shall have obtained in writing the consent
thereto of the other party; provided however, that Buyer under Rate Schedules LTD-1,
FPS-1, FPS-2, FPS-3, and FTS may release and assign service rights contracted for
under such Service Agreement pursuant to Section 10 (Release and Assignment of Service
Rights) of this General Terms and Conditions.
(e) Waiver of default. No waiver by either party of any one or more defaults by the other
in the performance of any provisions of the Service Agreement shall operate or be
construed as a waiver of any future default or defaults, whether of a like or
(f) Choice of Law. Unless otherwise specifically stated in the Service Agreement,
interpretation of the provisions of all Service Agreements or other agreements entered
into between Buyer and Operator, including any provisions of this Tariff related to
such agreements and any disputes arising from such agreements, shall be governed by
the law of the State of Delaware.
6. OPERATING CONDITIONS
(a) In General. The general operating conditions set forth in this Section supplement the
terms and conditions set forth in the individual Rate Schedules and elsewhere in the
General Terms and Conditions.
(b) Nominations and Scheduling.
(1) Except for events solely within Operator's control, the primary obligation and
burden of responsibility to monitor, control, adjust and maintain a concurrent
balance between tenders and takes of Natural Gas shall rest with Buyer.
Operator neither assumes any responsibility nor any obligation to monitor or
adjust Buyer's tenders or takes by the provisions of this Section.
(2) All notices or other communications from Buyer to Operator pursuant to the
requirements of this Section, unless otherwise provided for in this Tariff, shall
be submitted electronically through Operator's EBB or through EDI. The date and
time of all such notices or other communications from Buyer to Operator under
this Section shall be deemed to be the date and time those notices or
communications are received by Operator, unless otherwise specified.