PetroLogistics Natural Gas Storage LLC
Original Volume No. 1
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Effective Date: 06/03/2009, Docket: RP09-577-000, Status: Effective
Original Sheet No. 126 Original Sheet No. 126
maximum usage charges (plus all applicable surcharges, Fuel Reimbursement, taxes, penalties,
etc.) applicable under the relevant Rate Schedule attributable to its usage of the released capacity
and for any reservation charges ) plus all applicable surcharges applicable thereto) agreed upon
under the terms of the release. PetroLogistics shall continue to bill the Releasing Shipper all
applicable charges under its existing Service Agreement, excluding usage charges (plus all applicable
surcharges, Fuel Reimbursement, taxes, penalties, etc.) billed to the Replacement Shipper and
attributable to its usage of the released capacity. Invoices sent to the Releasing Shipper shall
reflect a credit equal to any reservation charges (plus all surcharges applicable thereto) being
billed to the Replacement Shipper for the released capacity rights, or as otherwise agreed. If the
Replacement Shipper fails to pay when due all or part of the amounts credited to the Releasing Shipper,
PetroLogistics shall pursue payment from the Replacement Shipper by notifying such Shipper by registered
letter, return receipt requested, that it has five (5) Days from receipt of such letter to pay the amount
due including any applicable interest. If the Replacement Shipper fails to pay such amount by the end
of the fifth Day, PetroLogistics shall reverse the credit and bill the Releasing Shipper for such past
due amounts, plus applicable interest.
8.11 Rights and Obligations of the Parties.
(a) The Service Agreement between the Releasing Shipper and PetroLogistics shall remain in full force
and effect with the Releasing Shipper to receive a credit to its invoice as described in Section 8.10
above. If the Replacement Shipper fails to pay all or part of the amounts credited to the Releasing
Shipper after the five day notification period specified in Section 8.10, PetroLogistics shall reverse
the credit and bill the Releasing Shipper for such past due amounts, plus applicable interest. The
Service Agreement executed by the Replacement Shipper shall be fully effective and enforceable by
and against the Replacement Shipper. The Replacement Shipper may also release capacity pursuant to
this Section, and in such event and for such purposes, shall be considered the Releasing Shipper.
(b) PetroLogistics shall accept nominations, schedule service, afford priority of service and
interrupt service based on instructions and communications from the Releasing Shipper and the
Replacement Shipper which are consistent with one another and with the terms and conditions of
PetroLogistics' FERC Gas Tariff and their respective Service Agreements. In the event that
instructions or nominations from the Releasing Shipper and Replacement Shipper are, in PetroLogistics'
opinion, inconsistent or conflicting, PetroLogistics shall comply with the instructions of the
Releasing Shipper; provided, however, that such instructions must not be inconsistent with
PetroLogistics' FERC Gas Tariff or the terms of either the Releasing Shipper's or Replacement
Shipper's service agreement. The Releasing Shipper will indemnify PetroLogistics against any
claim or suit by the Replacement Shipper, its successors or assigns, arising from any action taken by
PetroLogistics in reliance upon the Releasing Shipper's nominations and instructions and will hold
PetroLogistics harmless for any action taken by PetroLogistics in reliance upon the nominations and
scheduling instructions of the Replacement Shipper; provided, however, that the Releasing Shipper shall
not be liable for the Replacement Shipper's failure to pay the usage charges (plus all applicable
surcharges, Fuel Reimbursement, taxes, penalties, etc.) billed to the Replacement Shipper and attributable
to its usage of the released capacity. The Replacement Shipper will indemnify PetroLogistics against any
claim or suit by the Releasing Shipper, its successors or assigns, arising from any action taken by
PetroLogistics in reliance upon the nominations and scheduling instructions of the Replacement Shipper
and will hold PetroLogistics harmless for any actions taken by PetroLogistics in reliance upon the
instructions of the Releasing Shipper.
8.12 Marketing Fee. If PetroLogistics and the Releasing Shipper so agree, PetroLogistics may
receive a negotiated fee for its marketing efforts.
8.13 Limitations.