Kinder Morgan Illinois Pipeline LLC
Original Volume No. 1
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Effective Date: 12/01/2007, Docket: RP08- 34-000, Status: Effective
Original Sheet No. 193 Original Sheet No. 193 : Effective
GENERAL TERMS AND CONDITIONS
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(b) A Releasing Shipper shall be billed the
reservation charge associated with the entire amount of released
capacity pursuant to its contract rate, which includes all non-
commodity based charges under KMIP's Tariff for such released
capacity including but not limited to additional direct-bill
charges, with a concurrent conditional credit for payment of the
reservation charge due from the Replacement or Subreplacement
Shipper(s), as applicable, which received the released capacity.
Releasing Shipper shall also be billed a marketing fee, if
applicable, pursuant to the provisions of Section 15 of these
General Terms and Conditions. As to any capacity released by a
Releasing Shipper, the Releasing Shipper shall not be billed or be
responsible for: (1) commodity charges; (2) scheduling charges or
cashouts of imbalances; and (3) add-on charges and surcharges
applicable to KMIP's commodity rates under KMIP's Tariff such as
ACA, and Fuel Gas and Unaccounted For Gas, if applicable, which are
incurred by a Replacement Shipper or Subreplacement Shipper which
received the released capacity.
(c) If a Replacement Shipper or Subreplacement Shipper
does not make payment to KMIP of the reservation portion of the
charges due as set forth in its Released Firm Transportation
Agreement, KMIP shall bill the Releasing Shipper(s) from whom such
Replacement or Subreplacement Shipper received the capacity for the
amount(s) due, including all applicable late charges authorized by
KMIP's Tariff, and such amount shall be paid by such Releasing
Shipper within ten (10) days of the receipt of such billing, or
interest shall continue to accrue. In the event that the Replacement
or Subreplacement Shipper has not paid such amount(s) due by the end
of such ten (10) day period, then: (1) the Releasing Shipper has
the right to recall the capacity; and (2) KMIP's rights against the
delinquent Replacement/Subreplacement Shipper shall be subrogated to
the related rights of the Releasing Shipper. KMIP shall make a
reasonable effort to collect from the Replacement/Subreplacement
Shipper the amount(s) due. Such reasonable effort shall not include
incurring costs from outside attorneys, collection agents or other
third parties.
(d) All payments received from a Replacement or
Subreplacement Shipper shall first be applied to reservation
charges, then to late charges on reservation charges, then to
scheduling charges and cashout amounts, then to late charges not on
the reservation charges, and then last to commodity-based charges.