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.