Sea Robin Pipeline Company, LLC
Second Revised Volume No. 1
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Effective Date: 12/31/2004, Docket: RP05- 87-000, Status: Effective
Original Sheet No. 159 Original Sheet No. 159 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
9. CAPACITY RELEASE (Continued)
9.7 Rights and Obligations of Sea Robin
Sea Robin shall determine, in its sole discretion, the best bid
based upon the best bid criteria established pursuant to
Section 9.2(a)(11) or Section 9.4(h) herein. Sea Robin shall
have the right, but not the obligation, to reject, in whole or
in part, the terms of any Shipper Notice or bid which is
discriminatory or conflicts with any order or regulation issued
by the Federal Energy Regulatory Commission, or provision of
the Service Agreement, Rate Schedule or General Terms and
Conditions. Such Shipper Notice shall be rejected in its
entirety unless Shipper, pursuant to Section 9.2(a)(14),
permits a partial rejection. Sea Robin shall provide
simultaneous notification to Shipper, through the Messenger
system, of the reason(s) for rejecting a release notice with
the notice of rejection. Sea Robin shall not have any
liability to any Shipper, Releasing Shipper, Replacement
Shipper, bidder or any other party as a result of Sea Robin's
performance of its obligations under its capacity release
program, and such Shippers, Releasing Shippers, Replacement
Shippers, and bidders shall indemnify Sea Robin from and
against any and all losses, damages, expenses, claims, suits,
actions and proceedings whatsoever threatened, incurred or
initiated as a result of Sea Robin's performance hereunder,
except to the extent such loss, damage, expense, claim, suit,
action or proceeding is the result of Sea Robin's negligence,
bad faith or willful misconduct.
9.8 Term
(a) Any release under this Section 9 shall be for a minimum
term of at least one Day.
(b) Any release under this Section 9 shall be for a maximum
term expiring on the earlier of:
(1) The last date this Tariff provision shall be
effective;
(2) The expiration date of Releasing Shipper's Service
Agreement when the release is for the full term of
such agreement; or
(3) The expiration date specified by the Releasing Shipper
in the Shipper Notice.