Keyspan LNG, LP (Alng)
Third Revised Volume No. 1
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Effective Date: 01/27/2003, Docket: RP03-241-000, Status: Effective
Original Sheet No. 44 Original Sheet No. 44 : Effective
Joseph A. Vaszily, Vice President
GENERAL TERMS AND CONDITIONS
(continued)
6.2 Removal. (continued)
adverse claims, in which case Customer shall indemnify KLNG and
hold it harmless from all costs, damages, and liabilities arising
out of the failure of the Customer to remove such LNG and the
disposal of such LNG by sale by KLNG, including storage charges
under the applicable rate schedule.
In the event that, notwithstanding its exercise of due diligence,
Customer is inhibited from so withdrawing its LNG, KLNG shall pay
to Customer any net proceeds from KLNG's sale of the LNG. KLNG
shall use reasonable efforts to maximize the sales price of such
LNG.
In the event that Customer fails to exercise due diligence to
remove the LNG and therefore does not receive any net proceeds from
KLNG's sale of the LNG, KLNG shall file a disbursement report with
the Commission within thirty days of such sale proposing to credit
such proceeds to all other Customers holding a storage agreement
("Qualifying Customer") based on the ratio of the total charges
paid by each Qualifying Customer for storage service to the total
amount of such charges paid by all Qualifying Customers during the
month in which the sale of the LNG occurred. Such credits shall be
included on the Qualifying Customer's invoice for the month
following the date of the final Commission order approving KLNG's
disbursement report.
6.3 Liability. KLNG shall not be taken to have breached its
obligations under any rate schedule, service agreement, or these
General Terms and Conditions of this tariff by reason of any
Customer's failure to remove its LNG under this Section 6 or
KLNG's inability to dispose of such inventory if it has elected to
take title to such inventory.