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. 153 Original Sheet No. 153
GENERAL TERMS AND CONDITIONS
(Continued)
28. DEFAULT AND TERMINATION
28.1 Customer shall be in default under this FERC Gas
Tariff or the Storage Service Agreement if:
(a) Customer shall fail to pay any sums due to TRES
PALACIOS hereunder and such failure continues for a period of five
(5) Business Days after written notice to Customer by TRES
PALACIOS;
(b) Customer fails to perform any of its material
covenants or obligations under this FERC Gas Tariff or the Storage
Service Agreement, other than obligations to make payments to TRES
PALACIOS., and Customer does not remedy such failure within a
period of thirty (30) days after receipt of a notice from TRES
PALACIOS;
(c) Customer or its guarantor becomes insolvent, as set
forth in Section 3.3(i); or
(d) Customer fails to provide or maintain Financial
Assurances pursuant to Section 31.
Customer shall indemnify and hold harmless TRES
PALACIOS from and against any costs or losses resulting from (a),
(b), (c), (d) above.
28.2 In the event of any Default by Customer, in
addition to all other remedies available to it pursuant to the
Storage Service Agreements or at law and in equity, TRES PALACIOS
may do any or all of the following:
(a) refuse to accept any further deliveries of Gas from
or on behalf of Customer pursuant to all or any transactions;
(b) refuse to deliver Gas to or on behalf of Customer
pursuant to all or any transactions;
(c) set off any amount owing by TRES PALACIOS to
Customer pursuant to any transaction(s) against amounts otherwise
owing by Customer to TRES PALACIOS pursuant to any other
transaction(s);
(d) suspend performance until Customer corrects the
default in full;
(e) terminate the Customer's Storage Service Agreement,
provided that TRES PALACIOS shall provide not less than thirty
(30) days notice of such termination to the Customer and to FERC;
and
(f) assert any liens or other interests, consistent
with applicable law, against any Gas Customer may have remaining
on TRES PALACIOS' system.