Cheniere Creole Trail Pipeline, L.P.
Original Volume No. 1
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Effective Date: 03/09/2009, Docket: RP09-353-000, Status: Effective
First Revised Sheet No. 177 First Revised Sheet No. 177
Superseding: Original Sheet No. 177
GENERAL TERMS AND CONDITIONS
(Continued)
3. Once the Replacement Shipper is notified that it has been awarded
eligible capacity, the Replacement Shipper shall have all the rights
and obligations specified under the Releasing Shipper's Rate
Schedule and the General Terms and Conditions, including the right
to release firm capacity pursuant to this Section 19 unless the
conditions prescribed the Release Notice require otherwise.
4. The Replacement Shipper shall have no Right of First Refusal with
respect to the eligible capacity unless the release is a Permanent
Release.
5. The Replacement Shipper is responsible for payment of the
Reservation Charge and any surcharges thereon, in the amount of its
winning bid. The Replacement Shipper is also responsible for other
billings, e.g., usage rate and applicable usage surcharges.
K. Rights and Obligation of the Releasing Shipper
1. The Releasing Shipper shall not be responsible for usage charges or
surcharges thereon for quantities of gas actually transported for
the Replacement Shipper. The Releasing Shipper shall remain
responsible to Transporter for all reservation charges and
surcharges thereon provided pursuant to the Releasing Shipper's
Service Agreement, except as provided in Section 19.K.5 herein.
2. A credit will be included on each of the Releasing Shipper's monthly
bills to reflect the Releasing Shipper’s reservation charge
obligation to Transporter that is invoiced to the Replacement
Shipper. In the event of a release with a volumetrically stated
rate, the rate shall be no greater than the 100% load factor
equivalent of Transporter's currently applicable maximum reservation
charge and shall be credited to reservation charges for the month.
If the Replacement Shipper fails to pay all or any part of the
reservation fee so credited within thirty days of the due date, then
such unpaid amount will be charged to the Releasing Shipper's next
monthly bill and will be due and payable by the Releasing Shipper
pursuant to Section 16 (Invoicing and Payment) of the General Terms
and Conditions.