Kentucky West Virginia Gas Company
Third Revised Volume No. 1
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Effective Date: 06/01/1997, Docket: RP97-104-001, Status: Effective
First Revised Sheet No. 150 First Revised Sheet No. 150 : Superseded
Superseding: Original Sheet No. 150
GENERAL TERMS AND CONDITIONS (Continued)
25.14 Obligations of Releasing Customer
The Releasing Customer shall continue to be responsible and
liable for its obligations under the service agreement, unless
said obligations are expressly waived by Pipeline. Without
limitation, these obligations include the following:
(i) The Releasing Customer shall continue to be liable for
all demand or reservation and other non-usage related
charges owing under its service agreement up to the
maximum rate specified in the service agreement,
including, but not limited to any demand or reservation
surcharge assessed by Pipeline for the purpose of
recovering Order No. 636 transition costs in accordance
with Section 31 of this tariff.
(ii) Except as provided in Section 25.3(v) pertaining to a
permanent release, Pipeline shall have the right to
seek performance directly from the Releasing Customer
with respect to the obligations owed by it to Pipeline
after Pipeline's attempt to seek performance from the
Replacement Customer under any new service agreement.
(iii) Each Releasing Customer agrees to protect and indemnify
Pipeline against, and to release and hold harmless
against, any loss, liability or expense (including,
without limitation, court costs and attorneys' fees)
incurred or suffered by Pipeline or such Releasing
Customer arising out of or in connection with the
provisions of this Section 25 except for losses, damages
or expenses caused solely by Pipeline's own negligence
or willful misconduct.
(iv) Pipeline shall credit the invoice of the Releasing
Customer(or secondary Releasing Customer, if
applicable) an amount each month equal to the
reservation charges or other such costs attributable to
the capacity rights released by the Releasing Customer;
provided however, Pipeline shall have the right to
reverse such credit in the next monthly invoice if the
Replacement Customer that acquires Releasing Customer's
capacity fails to pay such amounts invoiced to it
on a timely basis in accordance with Pipeline's payment
provision set forth in Section 7.