Egan Hub Storage, LLC

First Revised Volume No. 1

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Effective Date: 01/01/2009, Docket: RP09-77-000, Status: Effective

Second Revised Sheet No. 119 Second Revised Sheet No. 119

Superseding: First Revised Sheet No. 119

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

4.10 Billing. The Replacement Customer shall be billed and make payments to Egan Hub in

accordance with the applicable rate schedule, other provisions of this FERC Gas Tariff and of

the applicable Addendum to the Capacity Release Umbrella Agreement incorporating its bid terms.

In accordance with the terms of the release, the Replacement Customer shall pay or be liable

for the usage charges (plus all applicable surcharges, Fuel Reimbursement, taxes, penalties,

etc.) applicable under the relevant service agreement attributable to its usage of the released

capacity. Egan Hub shall continue to bill the Releasing Customer all applicable charges under

its existing service agreement, excluding usage charges (plus all applicable surcharges, Fuel

Reimbursement, taxes, penalties, etc.) billed to the Replacement Customer and attributable to

its usage of the released capacity. Invoices sent to the Releasing Customer shall reflect a

credit equal to any reservation charges (plus all surcharges applicable thereto) being billed

to the Replacement Customer for the released capacity rights, or as otherwise agreed. If the

Replacement Customer fails to pay when due all or part of the amounts credited to the Releasing

Customer and has not notified Egan Hub of a billing dispute pursuant to Section 14.5 of these

General Terms and Conditions, Egan Hub shall pursue payment from the Replacement Customer by

notifying such Customer by registered letter, return receipt requested, that it has five Days

from receipt of such letter to pay the amount due including any applicable interest calculated

in accordance with Section 154.501(d) of the Commission's regulations. In addition, Egan Hub

shall provide a notice to the Replacement Customer's Releasing Customer in accordance with the

provisions of Section 4.15 of these General Terms and Conditions.

 

4.11 Rights and Obligations of the Parties.

 

(a) The service agreement between the Releasing Customer and Egan Hub shall

remain in full force and effect with the Releasing Customer to receive a credit to its invoice

as described in Section 4.10 above. If the Replacement Customer fails to pay all or part of the

amounts credited to the Releasing Customer after the five day notification period specified in

Section 4.10, Egan Hub shall reverse the credit and bill the Releasing Customer for such past

due amounts, plus applicable interest calculated in accordance with Section 154.501(d) of the

Commission's regulations. The addendum to the Capacity Release Umbrella Agreement sent to the

Replacement Customer shall be fully effective and enforceable by and against the Replacement

Customer. The Replacement Customer may also release capacity pursuant to this section, and in

such event and for such purposes, shall be considered the Releasing Customer, subject to the

re-release rights specified by Releasing Customer pursuant to Section 4.1(t) above.

 

(b) [Reserved for Future Use]