Entire Agreement and Amendment This Agreement embodies the entire agreement and understanding of the parties hereto in respect of the subject matter of this Agreement, and supersedes and replaces all prior agreements, understandings and commitments with respect to such subject matter. This Agreement may be amended only by a written document signed by both parties to this Agreement.
Entire Agreement and Amendments This Agreement constitutes the entire agreement of the parties with regard to the subject matter hereof, and replaces and supersedes all other agreements or understandings, whether written or oral. No amendment or extension of the Agreement shall be binding unless in writing and signed by both parties.
Superseded Agreements This Service Agreement supersedes and cancels, as of the effective date hereof, the following Service Agreements: FTS1 37826 DELTA NATURAL GAS CO., INC. By /s/Axxx X. Xxxxx Name Axxx X. Xxxxx Title Vice President – Operations and Engineering Date September 30, 1994 COLUMBIA GULF TRANSMISSION COMPANY By /s/ S. X. Xxxxxxx Name S. X. Xxxxxxx Title Vice President Date 10/11/94 Appendix A to Service Agreement No. 43829 Revision No. 2 Under Rate Schedule FTS-1 Between (Transporter) Columbia Gulf Transmission Company and (Shipper) Delta Natural Gas Company, Inc. Transportation Demand Begin Date End Date Transportation Demand Dth/day Recurrence Interval November 1, 1994 October 31, 2010 1,682 1/1 – 12/31 November 1, 2010 October 31, 2015 1,682 1/1 – 12/31 Primary Receipt Points Begin Date End Date Measuring Point No. Measuring Point Name Maximum Daily Quantity (Dth/Day) Recurrence Interval November 1, 1994 October 31, 2010 2700010 CGT – Rayne 1,682 1/1 – 12/31 November 1, 2010 October 31, 2015 2700010 CGT – Rayne 1,682 1/1 – 12/31 Primary Delivery Points Begin Date End Date Measuring Point No. Measuring Point Name Maximum Daily Quantity (Dth/Day) Recurrence Interval November 1, 1994 October 31, 2010 801 Gulf - Lxxxx 1,682 1/1 – 12/31 November 1, 2010 October 31, 2015 801 Gulf - Lxxxx 1,836 1/1 – 12/31 COMMENT CODE: FN01 THIS STATION IS IN MXXXXX XXXX 00, XXXXXXXXX AND THE EASTERN MARKETING AGGREGATE AREA. Appendix A to Service Agreement No. 43829 Revision No. 2 Under Rate Schedule FTS-1 Between (Transporter) Columbia Gulf Transmission Company and (Shipper) Delta Natural Gas Company, Inc. COMMENT CODE: GFN1 THIS SERVICE AGREEMENT AND ITS EFFECTIVENESS ARE SUBJECT TO A PRECEDENT AGREEMENT NO. 47754 BETWEEN BUYER AND SELLER DATED MAY 1, 1995. THE MAXIMUM DAILY DELIVERY OBLIGATIONS (MDDOS) FOR THIS AGREEMENT ARE INCLUDED WITHIN THE MDDOS, DDQ'S AND AGGREGATE DAILY QUANTITIES (ADQS) IN AGREEEMENT NO. 38095. UPON TERMINATION OF AGREEMENT NO. 38095, SELLER'S MAXIMUM DELIVERY OBLIGATIONS TO BUYER AT THE PRIMARY DELIVERY POINTS LISTED WILL BE AS FOLLOWS UNLESS OTHERWISE AGREED TO BY SELLER AND BUYER. STATION NUMBER STATION NAME MDDO (DTH) 600279 SNOWSHOE 5000 COMMENT CODE: GFN1 THIS SERVICE AGREEMENT AND ITS EFFECTIVENESS ARE SUBJECT TO A PRECEDENT AGREEMENT NO. 47754 BETWEEN TRANSPORTER AND SHIPPER DATED MAY 1, 1995. THE MAXIMUM DAILY DELIVERY OBLIGATIONS (MDDOS) FOR THIS AGREEMENT ARE INCLUDED WITHIN THE MDDOS, DDQ'S AND AGGREGATE DAILY QUANTITIES (ADQS) IN AGREEEMENT NO. 38095. UPON TERMINATION OF AGREEMENT NO. 38095, TRANSPORTER'S MAXIMUM DELIVERY OBLIGATIONS TO SHIPPER AT THE PRIMARY DELIVERY POINTS LISTED WILL BE AS FOLLOWS UNLESS OTHERWISE AGREED TO BY TRANSPORTER AND SHIPPER. Appendix A to Service Agreement No. 43829 Revision No. 2 Under Rate Schedule FTS-1 Between (Transporter) Columbia Gulf Transmission Company and (Shipper) Delta Natural Gas Company, Inc. STATION NUMBER STATION NAME MDDO (DTH) 600279 SNOWSHOE 5000 1/ 600054 CPA NORTH YORK 3808 600057 RIDGE AVE HANOVER 1178 600058 CPA BECKMILL RD 1453 600061 GXXXX ROCK 118 600062 SHREWSBURY 707 600063 CPA EMIGSVILLE 4303 600064 CPA ADMIRE 1178 600263 COL PA MONT ALTO 510 600270 CPA AXXXXXXXXX 00 0/ XXXXXXX X00 XXXX XX FLOWING AT EQUIVALENT LEVEL TO PROVIDE DELIVERIES TO THIS STATION. Appendix A to Service Agreement No. 43829 Revision No. 2 Under Rate Schedule FTS-1 Between (Transporter) Columbia Gulf Transmission Company and (Shipper) Delta Natural Gas Company, Inc. The Master List of Interconnects (MLI) as defined in Section 1 of the General Terms and Conditions is incorporated herein by reference for purposes of listing valid secondary interruptible receipt points and delivery points. _____ Yes __X__ No (Check applicable blank) Transporter and Shipper have mutually agreed to a Regulatory Restructuring Reduction Option pursuant to Section 34 of the General Terms and Conditions of Transporter's FERC Gas Tariff. _____ Yes __X__ No (Check applicable blank) Shipper has a contractual right of first refusal equivalent to the right of first refusal set forth from time to time in Section 4 of the General Terms and Conditions of Transporter's FERC Gas Tariff. _____ Yes __X__ No (Check applicable blank) All gas shall be delivered at existing points of interconnection within the Maximum Daily Quantity, as applicable, set forth in Transporter's currently effective Rate Schedule FTS-1 Appendix A with Shipper, which for such points set forth are incorporated by reference. _____ Yes __X__ No (Check applicable blank) This Service Agreement covers interim capacity sold pursuant to the provisions of General Terms and Conditions Section 4.2(j). Right of first refusal rights, if and, applicable to this interim capacity are limited as provided for in General Terms and Conditions Section 4.2(j). CANCELLATION OF PREVIOUS APPENDIX A Service changes pursuant to this Appendix A, Revision No. 2 shall commence as of November 01, 2010. This Appendix A, Revision No. 2 shall cancel and supersede the previous Appendix A, Revision No. 1 to the Service Agreement dated November 01, 1994. With the exception of this Appendix A, Revision No. 2, all other terms and conditions of said Service Agreement shall remain in full force and effect. Delta Natural Gas Company, Inc. Columbia Gulf Transmission, LLC By: Sxxxxxx Xxxx By: Mxxx Xxxxx Its: Its: Director Commercial Services Date: April 28, 2010 Date: April 27, 2010
Entire Agreement and Waiver This Agreement constitutes the entire agreement between the parties hereto, and supersedes all prior and contemporaneous agreements, arrangements, negotiations, and understandings between the parties hereto relating to the subject matter hereof. There are no other understandings, statements, promises or inducements, oral or otherwise, contrary to the terms of this Agreement. No representations, warranties, covenants, or conditions, express or implied, whether by statute or otherwise, other than as set forth herein have been made by any party hereto. No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other provision hereof, whether or not similar, nor shall any such waiver constitute a continuing waiver, and no waiver shall be binding unless executed by the party making such waiver.
This Agreement This Agreement has been duly authorized, executed and delivered by the Company.
COMPLETE AGREEMENT AND WAIVER OF BARGAINING Section 1. This AGREEMENT shall represent the complete AGREEMENT between the UNION and EMPLOYER.
Entire Agreement and Variation 21.1 This Contract constitutes the entire agreement between the parties and supersedes all prior communications, negotiations, arrangements and agreements, whether oral or written, between the parties with respect to the subject matter of this Contract.
Schedules Schedules to this Agreement form a part of it.
Entire Agreement; Amendment and Waiver This Agreement constitutes the full and entire understanding and agreement between the parties with regard to the subject matter hereof. Any term of this Agreement may be amended and the observance of any term hereof may be waived (either prospectively or retroactively and either generally or in a particular instance) only with the written consent of the parties to this Agreement.
