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.