Trunkline LNG Company, LLC
Second Revised Volume No. 1-A
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Effective Date: 08/01/2003, Docket: RP03-535-000, Status: Effective
Original Sheet No. 100 Original Sheet No. 100 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
9. CAPACITY RELEASE (Continued)
9.7 Rights and Obligations of TLNG
TLNG shall determine, in its sole discretion, the best bid
based upon the best bid criteria established pursuant to
Section 9.2(A)(10) or Section 9.4(H) herein. TLNG 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 FERC, 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)(12), permits a
partial rejection. TLNG shall provide notification to
Shipper of the reason(s) for rejecting a release notice
with the notice of rejection. TLNG shall not have any
liability to any Shipper, Releasing Shipper, Replacement
Shipper, bidder or any other party as a result of TLNG's
performance of its obligations under its capacity release
program, and such Shippers, Releasing Shippers,
Replacement Shippers, and bidders shall indemnify TLNG
from and against any and all losses, damages, expenses,
claims, suits, actions and proceedings whatsoever
threatened, incurred or initiated as a result of TLNG's
performance hereunder, except to the extent such loss,
damage, expense, claim, suit, action or proceeding is the
result of TLNG'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 ten Gas Days.
(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.