Pine Prairie Energy Center, LLC
Original Volume No. 1
Contents / Previous / Next / Main Tariff Index
Effective Date: 09/01/2007, Docket: RP07-563-000, Status: Effective
Original Sheet No. 156 Original Sheet No. 156 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
28. DEFAULT AND TERMINATION
28.1 Customer shall be in default under this FERC Gas
Tariff or the Storage Service Agreement if:
(a) Customer shall fail to pay any sums due to PPEC
hereunder and such failure continues for a period of five (5)
Business Days after written notice to Customer by PPEC;
(b) Customer fails to perform any of its material
covenants or obligations under this FERC Gas Tariff or the Storage
Service Agreement, other than obligations to make payments to
PPEC, and Customer does not remedy such failure within a period of
thirty (30) days after receipt of a notice from PPEC;
(c) Customer or its guarantor becomes insolvent, as set
forth in Section 3.3(i); or
(d) Customer fails to provide or maintain Financial
Assurances pursuant to Section 31.
Customer shall indemnify and hold harmless PPEC from and against
any costs or losses resulting from (a), (b), (c) or (d) above.
28.2 In the event of any Default by Customer, in addition
to all other remedies available to it pursuant to the Storage
Service Agreements or at law and in equity, PPEC may do any or all
of the following:
(a) refuse to accept any further deliveries of Gas from
or on behalf of Customer pursuant to all or any transactions;
(b) refuse to deliver Gas to or on behalf of Customer
pursuant to all or any transactions;
(c) set off any amount owing by PPEC to Customer
pursuant to any transaction(s) against amounts otherwise owing by
Customer to PPEC pursuant to any other transaction(s);
(d) suspend performance until Customer corrects the
default in full;