Remedy for Default. With the exception of billing disputes and as otherwise specifically provided in this Agreement, if either party shall fail to perform any of the covenants or obligations imposed upon it under this Agreement (except where such failure shall be excused under the provisions hereof), the other party may, at its option, terminate this Agreement by written notice to be served on the party in default stating specifically the cause for terminating this Agreement and declaring it to be the intention of the party giving the notice to terminate the same; thereupon the party in default shall have thirty (30) days after the service of the notice in which to remedy or remove the cause or causes stated in the notice for terminating the Agreement and, if within said period of thirty (30) days, the party in default does so remedy and remove said cause or causes and fully indemnify the party not in default for any and all consequences of such breach, then such notice shall be withdrawn and this Agreement shall continue in full force and effect. In case the party in default does not so remedy and remove the cause or causes and does not indemnify the party giving the notice for any all consequences of such breach, within said period of thirty (30) days, then this Agreement shall become null and void from and after the expiration of said period. Any cancellation of this Agreement pursuant to the provisions of this section shall be without prejudice to the right of the party not in default to collect any amounts then due it and without waiver of any other remedy to which the party not in default may be entitled for violation of this Agreement. EVO CNG/LDC Gas Service and Pipeline Agreement
Appears in 2 contracts
Sources: Natural Gas Service and Pipeline Agreement, Natural Gas Service and Pipeline Agreement (Minn Shares Inc)