Bluewater Gas Storage, LLC
Original Volume No. 1
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Effective Date: 12/01/2006, Docket: CP06-351-001, Status: Effective
Original Sheet No. 127 Original Sheet No. 127 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
the release and assignment subject to compliance with the provisions
of Section 20 of these General Terms and Conditions. The
Replacement Customer must withdraw the portion of its Maximum
Storage Quantity by the end of the term of the release. In lieu of
withdrawing the portion of its Storage Inventory, the Replacement
Customer can also attempt to effect a transfer of the portion of its
Storage Inventory to another storage service Customer as provided in
Section 20 of these General Terms and Conditions. If the
Replacement Customer fails to withdraw or transfer the portion of
its Storage Inventory by the end of the term of its release, title
to the portion of Customer's remaining Storage Inventory will be
vested, at no cost, in the Releasing Customer which released its
capacity to the Replacement Customer on a temporary basis.
4.14 BLUEWATER's Rights to Terminate Temporary Capacity
Releases.
(a) In the event of a temporary release for which (1)
BLUEWATER has given notice of termination of the Releasing
Customer's Storage Service Agreement pursuant to Section 28 of these
General Terms and Conditions and (2) the reservation charge
specified in the effective Addendum to the Replacement or
Prearranged Replacement Customer's Capacity Release Umbrella
Agreement is less than the level of the reservation charge which the
Releasing Customer was obligated to pay BLUEWATER, then BLUEWATER
shall be entitled to terminate the Addendum, upon 30 days' written
notice to the Replacement or Prearranged Replacement Customer,
unless the Replacement or Prearranged Replacement Customer agrees
prior to the end of said 30-day notice period to pay for the
remainder of the term of the Addendum either (i) the reservation and
commodity charges at levels which the Releasing Customer was
obligated to pay BLUEWATER, or (ii) such rate as mutually agreed by
BLUEWATER and Replacement or Prearranged Replacement Customer.
Customer may elect to pay the lesser of the two foregoing options.
BLUEWATER's right to terminate the Addendum is subject to BLUEWATER
providing written notice of termination to the Replacement or
Prearranged Replacement Customer within 30 days of the determination
by BLUEWATER that the Releasing Customer no longer satisfies
BLUEWATER's credit requirements. Termination of the Addendum shall
not occur prior to termination of the Releasing Customer's contract.
(b) In the event that a Customer has received 30 days'
notice of termination of the Addendum to Customer's Capacity Release
Umbrella Agreement pursuant to Section 4.14(a) above for storage
service and there is Gas in storage for Customer's account at the
end of such 30-day period, the Addendum shall continue in force and
effect for the sole purpose of withdrawal of said Gas by Customer
until Customer's Storage Inventory is zero. BLUEWATER shall require
Customer to withdraw each Day a quantity equal to the MDWQ, or such
other lesser quantity acceptable to BLUEWATER. The requirement to
withdraw storage quantities shall be suspended on any Day to the
extent that BLUEWATER cannot accommodate a nomination or withdraw
such storage quantities on such Day. Customer may also transfer
title of Gas remaining in Customer's Storage Inventory to another
Customer pursuant to Section 20 of BLUEWATER's General Terms and
Conditions. In the event Customer fails to withdraw its entire
Storage Inventory within the time