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.