Kentucky West Virginia Gas Company
Third Revised Volume No. 1
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Effective Date: 07/01/1993, Docket: RS92- 18-002, Status: Effective
Original Sheet No. 54 Original Sheet No. 54 : Superseded
GENERAL TERMS AND CONDITIONS (Continued)
25.14 Obligations of Replacement Customer
By executing a service agreement for released capacity, the
replacement customer agrees that it will comply with the terms
and conditions of Pipeline's certificate of public convenience
and necessity authorizing this capacity release program and the
terms and conditions of Pipeline's FERC Gas Tariff.
(i) The replacement customer agrees to indemnify Pipeline
against and to release and hold Pipeline harmless
against any loss, liability or expense (including,
without limitation, court costs and attorneys fees)
incurred or suffered by Pipeline or the replacement
customer arising out of or in connection with the
provisions of this section, except for losses, damages or
expenses caused solely by Pipeline's own negligence or
willful misconduct.
(ii) The replacement customer shall be liable for the portion
of the demand or reservation charges specified in its
service agreement, along with all commodity related
charges applicable to its service utilization, and all
applicable penalties. Pipeline will bill the replacement
customer on a monthly basis and the replacement customer
shall make payment in accordance with Sections 6 and 7 of
these General Terms and Conditions.
25.15 Marketing Fee
Pipeline will charge a marketing fee to be negotiated between
Pipeline and the releasing customer where Pipeline successfully
markets the released capacity on the releasing customer's behalf.
26. MARKET CENTERS
Nothing in Pipeline's FERC Gas Tariff shall operate to inhibit the
development of market centers on Pipeline's system. Pipeline will
permit market centers to develop at the points of interconnection
between other pipelines or other LDC systems. Any aggregator of gas
supply contracts on Pipeline's system must adhere to the nominations
procedures and other terms and conditions of Pipeline's FERC Gas
Tariff, and pay the fees and charges associated with their service
as may be revised from time to time.