Tres Palacios Gas Storage LLC
Original Volume No. 1
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Effective Date: 08/01/2008, Docket: RP08-424-000, Status: Effective
Original Sheet No. 127 Original Sheet No. 127
GENERAL TERMS AND CONDITIONS
(Continued)
the release and assignment subject to compliance with the
provisions of Section 20 of these General Terms and Conditions.
The Replacement Customer must withdraw the portion of its Maximum
Storage Quantity by the end of the term of the release. In lieu
of withdrawing the portion of its Storage Inventory, the
Replacement Customer can also attempt to effect a transfer of the
portion of its Storage Inventory to another storage service
Customer as provided in Section 20 of these General Terms and
Conditions. If the Replacement Customer fails to withdraw or
transfer the portion of its Storage Inventory by the end of the
term of its release, title to the portion of Customer's remaining
Storage Inventory will be vested, at no cost, in the Releasing
Customer which released its capacity to the Replacement Customer
on a temporary basis.
4.14 TRES PALACIOS' Rights to Terminate Temporary
Capacity Releases.
(a) In the event of a temporary release for which (1)
TRES PALACIOS has given notice of termination of the Releasing
Customer's Storage Service Agreement pursuant to Section 28 of
these General Terms and Conditions and (2) the reservation charge
specified in the effective Addendum to the Replacement or
Prearranged Replacement Customer's Capacity Release Umbrella
Agreement is less than the level of the reservation charge which
the Releasing Customer was obligated to pay TRES PALACIOS, then
TRES PALACIOS shall be entitled to terminate the Addendum, upon 30
days' written notice to the Replacement or Prearranged Replacement
Customer, unless the Replacement or Prearranged Replacement
Customer agrees prior to the end of said 30-day notice period to
pay for the remainder of the term of the Addendum either (i) the
reservation and commodity charges at levels which the Releasing
Customer was obligated to pay TRES PALACIOS, or (ii) such rate as
mutually agreed by TRES PALACIOS and Replacement or Prearranged
Replacement Customer. Customer may elect to pay the lesser of the
two foregoing options. TRES PALACIOS' right to terminate the
Addendum is subject to TRES PALACIOS providing written notice of
termination to the Replacement or Prearranged Replacement Customer
within 30 days of the determination by TRES PALACIOS that the
Releasing Customer no longer satisfies TRES PALACIOS' credit
requirements. Termination of the Addendum shall not occur prior
to termination of the Releasing Customer's contract.
(b) In the event that a Customer has received 30 days'
notice of termination of the Addendum to Customer's Capacity
Release Umbrella Agreement pursuant to Section 4.14(a) above for
storage service and there is Gas in storage for Customer's account
at the end of such 30-day period, the Addendum shall continue in
force and effect for the sole purpose of withdrawal of said Gas by
Customer until Customer's Storage Inventory is zero. TRES
PALACIOS shall require Customer to withdraw each Day a quantity
equal to the MDWQ, or such other lesser quantity acceptable to
TRES PALACIOS. The requirement to withdraw storage quantities
shall be suspended on any Day to the extent that TRES PALACIOS
cannot accommodate a nomination or withdraw such storage
quantities on such Day. Customer may also transfer title of Gas
remaining in Customer's Storage Inventory to another Customer
pursuant to Section 20 of TRES PALACIOS' General Terms and
Conditions. In the event Customer fails to withdraw its entire
Storage Inventory