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. 140 Original Sheet No. 140

 

entitled thereto, prior to the time of cancellation, and without waiver of any remedy to which the party

not in default may be entitled for violations of such agreement

24.2 Suspension of Service. Prior to a termination for default, PetroLogistics may suspend service

to any Shipper who fails to comply with the General Terms and Conditions, the applicable Rate Schedule, or

Shipper's Service Agreement. PetroLogistics' failure to invoke its right to terminate an agreement for

default shall not be construed as a waiver of PetroLogistics' right to terminate service during any other

period when Shipper is in violation of the terms of this tariff or of Shipper's Service Agreement.

24.3 Other Rights Preserved. The availability or exercise of the right to terminate a Service

Agreement pursuant to this section shall not serve to diminish or affect the right of the Parties to seek

damages or specific performance, for breach of the Service Agreement, as provided in such agreement.

24.4 Waiver of Default. No waiver by either Party of any one or more defaults by the other in the

performance of any provisions of the Service Agreement shall operate or be construed as a waiver of any

future default or defaults, whether of a like or different character.

25. POLICY WITH RESPECT TO FEES AND CONSTRUCTION OF NEW FACILITIES

25.1 Except as provided in Section 25.2 herein, Shipper shall reimburse PetroLogistics (a) for the

costs of any facilities installed by PetroLogistics with Shipper's consent to receive, measure, store or

deliver gas for Shipper's account and (b) for any and all filings and approval fees required in connection

with Shipper's Service Agreement that PetroLogistics is obligated to pay to the Commission or any other

governmental authority having jurisdiction. Any reimbursement due PetroLogistics by Shipper pursuant to this

Section 25.1 shall be due and payable to PetroLogistics within ten (10) Days of receipt by Shipper of

PetroLogistics' bill(s) for same; provided, however subject to PetroLogistics' consent such reimbursement,

plus carrying charges thereon, may be amortized over a mutually agreeable period not to extend beyond the

primary contract term of the Service Agreement between PetroLogistics and Shipper. Carrying charges shall

be computed utilizing interest factors acceptable to both PetroLogistics and Shipper.

25.2 PetroLogistics may waive from time to time, at its discretion, all or a portion of the

facility cost reimbursement requirement set forth in Section 25.1 for the Rate Schedule FSS if Shipper

provides PetroLogistics adequate assurances of storage quantities to make construction of the facilities

economical to PetroLogistics. All requests for waiver shall be handled by PetroLogistics in a manner

which is not unduly discriminatory. For purposes of determining whether a project is economical,

PetroLogistics will evaluate projects on the basis of various economic criteria, which will include the

estimated storage quantities, cost of the facilities, operating and maintenance as well as administrative and

general expenses attributable to the facilities, the revenues PetroLogistics estimates will be generated as

a result of such construction, and the availability of capital funds on terms and conditions acceptable to

PetroLogistics. In estimating the revenues to be generated, PetroLogistics will evaluate the existence of

capacity limitations downstream of the facilities, the marketability of the capacity, the interruptible versus

the firm nature of the service, and other similar factors which impact whether the available capacity will

actually be utilized.

26. ELECTRONIC COMMUNICATIONS

26.1 PetroLogistics has established a Web Site for use by any interested party. The Web Site shall

display non-proprietary information and any information that PetroLogistics is required by FERC Gas Tariff

and/or Commission regulations to make available to the general public. The Web Site provides menus that

permit any party to (i) separately access notices of available capacity, each record in the storage request

log information; (ii) view PetroLogistics' notice of an Operational Flow Order as contemplated by Section

7 of the General Terms and Conditions, and (iii) download the posted information. When necessary,

PetroLogistics will post on the Web Site, as appropriate, available information about the imbalance and

overrun status of each Shipper and the system. PetroLogistics shall maintain and retain daily back-up

records of the information displayed on the Web Site for at least ninety (90) Days and will then be archived.

Archived information is available from PetroLogistics within a reasonable period of time after receipt of a

request for such information. Information on the most recent entries will appear ahead of older information.

26.5 PetroLogistics shall post on the Web Site information relevant to the availability of firm and