Pine Prairie Energy Center, LLC
Original Volume No. 1
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Effective Date: 09/01/2007, Docket: RP07-563-000, Status: Effective
Original Sheet No. 122 Original Sheet No. 122 : Effective
GENERAL TERMS AND CONDITIONS
Continued)
to the Replacement Customer for the released capacity rights, or
as otherwise agreed. If the Replacement Customer fails to pay
when due all or part of the amounts credited to the Releasing
Customer, PPEC shall pursue payment from the Replacement Customer
by notifying such Customer 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 Customer fails to pay such amount by the end of the
fifth day, PPEC shall reverse the credit and bill the Releasing
Customer for such past due amounts, plus applicable interest.
4.11 Rights and Obligations of the Parties.
(a) The Storage Service Agreement between the Releasing
Customer and PPEC shall remain in full force and effect with the
Releasing Customer to receive a credit to its invoice as described
in Section 4.10 above. If the Replacement Customer fails to pay
all or part of the amounts credited to the Releasing Customer
after the five Day notification period specified in Section 4.10,
PPEC shall reverse the credit and bill the Releasing Customer for
such past due amounts, plus applicable interest. The Storage
Service Agreement executed by the Replacement Customer shall be
fully effective and enforceable by and against the Replacement
Customer. The Replacement Customer may also release capacity
pursuant to this Section, and in such event and for such purposes,
shall be considered the Releasing Customer.
(b) PPEC shall accept nominations, schedule service,
afford priority of service and interrupt service based on
instructions and communications from the Releasing Customer and
the Replacement Customer which are consistent with one another and
with the terms and conditions of PPEC's FERC Gas Tariff and their
respective Storage Service Agreements. In the event that
instructions or nominations from the Releasing Customer and
Replacement Customer are, in PPEC's opinion, inconsistent or
conflicting, PPEC shall comply with the instructions of the
Releasing Customer; provided, however, that such instructions must
not be inconsistent with PPEC's FERC Gas Tariff or the terms of
either the Releasing Customer's or Replacement Customer's Storage
Service Agreement, in PPEC's opinion. The Releasing Customer will
indemnify PPEC against any claim or suit by the Replacement
Customer, its successors or assigns arising from any action taken
by PPEC in reliance upon the Releasing Customer's nominations and
instructions and will hold PPEC harmless for any action taken by
PPEC in reliance upon the nominations and scheduling instructions
of the Replacement Customer; provided, however, that the Releasing
Customer shall not be liable for the Replacement Customer's
failure to pay the usage charges (plus all applicable surcharges,
Fuel Reimbursement, taxes, penalties, etc.) billed to the
Replacement Customer and attributable to its usage of the released
capacity. The Replacement Customer will indemnify PPEC against
any claim or suit by the Releasing Customer, its successors or
assigns, arising from any action taken by PPEC in reliance upon
the nominations and scheduling instructions of the Replacement
Customer and will hold PPEC harmless for any actions taken by PPEC
in reliance upon the instructions of the Releasing Customer.