Cheniere Creole Trail Pipeline, L.P.
Original Volume No. 1
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Effective Date: 04/28/2008, Docket: RP08-137-000, Status: Effective
Original Sheet No. 178 Original Sheet No. 178 : Pending
GENERAL TERMS AND CONDITIONS
(Continued)
3. When the Releasing Shipper releases only a portion of the MDTQ, the
Releasing Shipper's Service Agreement shall, be deemed to be modified in
accordance with the release and the Releasing Shipper may not utilize the
capacity released during the term of the release.
4. The Replacement Shipper has the right to utilize the standard tariff
method, as defined below, or to define the condition(s) precedent that will
result in a recall and reput (return to Replacement Shipper) of capacity
subject to a temporary release by specifying such conditions in the Release
Notice. The Replacement Shipper has no right to recall the released capacity,
other than any rights set forth in the Release Notice. This released capacity
is recallable in whole or in part at the discretion of the Releasing Shipper.
At the end of the recall period, the capacity recalled reverts (reputs) back
to the Original Replacement Shipper in whole or in part. The terms and
conditions of any recall rights shall not be inconsistent with the terms and
conditions of the Releasing Shipper's existing Service Agreement with
Transporter nor the provisions of Transporter's FERC Gas Tariff. No right of
recall shall be permitted for any other type of release. Transporter shall
continue to apply all tariff provisions to the Shipper of record until
notified of a recall or notified of the termination of such recall and shall
change the Shipper of record on a prospective basis only after proper
notification of a change. A Releasing Shipper shall be responsible for
notifying its Replacement Shipper prior to the exercise of the Releasing
Shipper's recall right. Transporter has the right to rely on a Releasing
Shipper's notice and a Releasing Shipper shall defend and indemnify
Transporter against any claims, losses, liabilities, or expense (including
reasonable attorney's fees) resulting from claims by any Replacement Shipper
that relinquished capacity was not recalled in accordance with the recall
rights specified by the Releasing Shipper.