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. 373 Original Sheet No. 373 : Effective
FORM OF POOLING SERVICE AGREEMENT
(Continued)
2.5 In the event there is a capacity constraint at a Point of
Delivery, Pooler's nominations at such constrained Point of Delivery
shall be scheduled consistent with other scheduled services according
to the priority of service for the underlying Service Agreements at
said point. Any nomination by a Pooler where a Shipper has
designated its primary Point of Delivery to the Pool shall be
scheduled on a firm basis pro rata with other such Primary Point of
Delivery nominations under an FTS and/or FTS-2 Service Agreement.
2.6 Pooler shall exercise due diligence in monitoring the
supplies serving its Pool hereunder and shall use its best efforts to
notify Sea Robin promptly of any known variations in its supplies.
2.7 Pooler warrants and represents that by execution of this
Service Agreement hereunder, Pooler has the authority to nominate
deliveries of the gas supplies designated by Pooler into and out of
the Pool. Pooler agrees to indemnify, release and hold Sea Robin
harmless for any claims, costs, damages, expenses (including
attorneys' fees and court costs), demands or causes of action caused
by Sea Robin's allocation of gas to the Pool under this Service
Agreement for which Pooler did not have the authority or title to
nominate.
ARTICLE III
CREDITWORTHINESS
3.1 If at any time Pooler is or becomes insolvent or fails to
demonstrate creditworthiness, Pooler must provide Sea Robin one of
the following forms of credit to enter into or maintain in effect
this Service Agreement: (a) a security deposit or other good and
sufficient surety, as determined by Sea Robin in its reasonable
discretion, in an amount equal to the current Index Price under
Section 6 of the General Terms and Conditions multiplied by the
average of Pooler's maximum nominated quantity for a three (3) month
period multiplied by five percent (5%); or (b) a guaranty from a
creditworthy party that said creditworthy party will be responsible
for payment of all charges or penalties assessed by Sea Robin but not
paid by Pooler hereunder.