Liberty Gas Storage, LLC

Original Volume No. 1

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Effective Date: 04/15/2007, Docket: RP07-357-000, Status: Effective

Original Sheet No. 116 Original Sheet No. 116 : Effective

 

GENERAL TERMS AND CONDITIONS

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

Liberty in accordance with the applicable Rate Schedule, other provisions of

this FERC Gas Tariff and of its Storage Service 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 Rate

Schedule attributable

to its usage of the released capacity. Liberty shall continue to bill the

Releasing Customer all applicable charges under its existing Storage 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, Liberty shall pursue payment from the Replacement

Customer by notifying such Customer by registered letter, return receipt

requested, that it has five (5) days from receipt of such letter to pay the

amount due including any applicable interest. If the Replacement Customer

fails to pay such amount by the end of the fifth day, Liberty shall reverse the

credit and bill the Releasing Customer for such past due amounts, plus applicable

interest.

4.11 Rights and Obligations of the Parties.

(a) The Storage Service Agreement between the Releasing Customer and

Liberty 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

4.9, Liberty shall reverse the credit and bill the Releasing Customer for such

past due amounts, plus applicable interest. The Storage Service Agreement

executed by 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.

(b) Liberty shall accept nominations, schedule service, afford priority of

service and interrupt service based on instructions and communications from the

Releasing Customer and the Replacement Customer which are consistent with one

another and with the terms and conditions of Liberty's FERC Gas Tariff and

their respective Storage Service Agreements. In the event that instructions or

nominations from the Releasing Customer and Replacement Customer are, in

Liberty's opinion, inconsistent or conflicting, Liberty shall comply with the

instructions of the Releasing Customer; provided, however, that such

instructions must not be inconsistent with Liberty's FERC Gas Tariff or the

terms of either the Releasing Customer's or Replacement Customer's Storage

Service Agreement, in Liberty's opinion. The Releasing Customer will indemnify

Liberty against any claim or suit by the Replacement Customer, its successors

or assigns, arising from any action taken by Liberty in reliance upon the

Releasing Customer's nominations and instructions and will hold Liberty

harmless for any action taken by Liberty in reliance upon the nominations and

scheduling instructions of the Replacement Customer; provided, however, that

the Releasing Customer shall not be liable for the Replacement Customer's

failure to pay the 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. The Replacement Customer

will indemnify Liberty against any claim or suit by the Releasing Customer, its

successors or assigns, arising from any action taken by Liberty in reliance

upon the nominations and scheduling instructions of the Replacement Customer

and will hold Liberty harmless for any actions taken by Liberty in reliance

upon the instructions of the Releasing Customer.