ACTUAL DAMAGES. EACH OF COMMUNITY BANK, CONOCO, KEYSPAN AND CORNING
(A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF COMMUNITY BANK,
CONOCO, KEYSPAN AND CORNING HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT
COMMUNITY BANK, CONOCO, KEYSPAN AND CORNING WOULD NOT, IN THE EVENT OF
LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVERS AND (B) ACKNOWLEDGES THAT
COMMUNITY BANK, CONOCO, KEYSPAN AND CORNING HAVE BEEN INDUCED TO ENTER INTO THIS
AGREEMENT BY, AMONG OTHER THINGS, THE WAIVERS AND CERTIFICATIONS CONTAINED
HEREIN.
16.
Counterparts. This Agreement may be executed simultaneously in one or more
counterparts, each of which shall be deemed an original, but all such
counterparts shall together constitute one and the same instrument, and it shall
not be necessary in making proof of this Agreement to produce or account for
more than one such counterpart or reproduction thereof.
[ REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK ]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement under seal
as of the date first above written.
CORNING NATURAL GAS CORPORATION
By: ____/s/ Thomas K. Barry_______
Thomas K. Barry, President
COMMUNITY BANK, N.A.
By: _/s/ J. David Clark_____
Its: Senior Vice President
KEYSPAN ENERGY /s/ DELIVERY LONG ISLAND
By: _/s/ Ronald Lukas___
Its: Vice President
CONOCOPHILLIPS COMPANY
By: _/s/George Padilla_
Its: Credit Manager