Texas Eastern Transmission, L P
Seventh Revised Volume No. 1
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Effective Date: 11/16/2009, Docket: RP10-53-000, Status: Effective
Fourth Revised Sheet No. 536 Fourth Revised Sheet No. 536
Superseding: Third Revised Sheet No. 536
GENERAL TERMS AND CONDITIONS
(Continued)
refunds, Pipeline will work out refunds with and among the various parties
with whom it dealt in the capacity release situation, and pending such
resolution with the various parties shall deposit such refunds in an escrow
account.
(2) Obligations of Customer
The service agreement of the Customer will remain in full force and effect,
with a portion of the proceeds attributable to any release credited to the
existing Customer's bill as provided in Section 3.14(H). The Customer
shall remain ultimately liable to Pipeline for all Reservation Charges and
Reservation Surcharges under the terms of its service agreement with
Pipeline. Under Negotiated Rate agreements, the Releasing Customer is
obligated to pay the Pipeline the difference by which the Negotiated Rate
exceeds the rate paid by the Replacement Customer. Under Negotiated Rate
agreements, Pipeline and the Releasing Customer may agree upon payment
obligations and crediting mechanisms which vary from or are different from
those set forth in Pipeline's capacity release provisions. However, no new
obligation or liability is created as a result of such assignments of the
rights and obligations under the service agreement.
If Pipeline waives any credit requirements for a Prearranged Customer or a
Replacement Customer, Pipeline shall limit the liability of the Customer to
the extent of such credit waiver, unless Customer agrees to the waiver. To
the extent Pipeline does not require continuing assurances of
creditworthiness under Section 3.5 of the General Terms and Conditions for
Prearranged Customers or Replacement Customers any less than it does its
Customer, Customer continues to be liable.
For Customers under Rate Schedule SS-1 who elect, under Section 2.5 of Rate
Schedule SS-1, to convert all or a portion of their service to service
under Rate Schedule FT-1 and FSS-1 for the duration of the capacity
release, such SS-1 Customer shall be liable for all Reservation Charges and
reservation surcharges, attributable to such released quantity. The
Replacement or Prearranged Customer shall be liable to Pipeline for all
charges incurred by such Replacement or Prearranged Customer, such as the
Usage Charge(s), volumetric surcharges, Overrun Charges, Excess Charges,
imbalances or other volumetric costs. In the event there is a permanent
release of Customer's capacity pursuant to Section 3.14(O) of these General
Terms and Conditions, Pipeline will agree to discharge the Customer of
liability, on a prospective basis, in whole or in part.
Any Customer retaining the right of recall must provide notification via
the LINK® System to Pipeline in accordance with the notice requirements set
forth in Section 3.14(D)(4) herein, provided such recall conforms to the
recall terms of such Customer's Notice and such recall does not constitute
a waiver or modification of Section 4 of Pipeline's General Terms and
Conditions. Any Customer may exercise a right of recall, subject to the
provisions herein, in the event a Replacement or Prearranged Customer fails
to pay part or all of the