Kinder Morgan Louisiana Pipeline LLC

Original Volume No. 1

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Effective Date: 03/01/2009, Docket: RP09-257-000, Status: Effective

Original Sheet No. 211 Original Sheet No. 211

 

GENERAL TERMS AND CONDITIONS

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(d) KMLP's determination of a Shipper's creditworthiness

is solely for KMLP's purposes under KMLP's Tariff and such

determination is neither a representation nor a guarantee to a

Releasing Shipper or any other entity as to the ability of a

Replacement or Subreplacement Shipper to pay any outstanding amount

under a Released Firm Transportation Agreement.

 

14.16 COMPLIANCE BY SHIPPER

 

By acquiring released capacity, a Shipper agrees that it

will comply with all provisions of KMLP's Tariff and all applicable

Commission orders, rules and regulations. Such Shipper also agrees to

be responsible to KMLP for compliance with all applicable terms and

conditions of KMLP's Tariff, as well as the terms and conditions of

the Released Firm Transportation Agreement.

 

14.17 OBLIGATIONS OF RELEASING SHIPPER

 

(a) The Releasing Shipper shall continue to be liable

and responsible for all reservation charges associated with the

released capacity up to the reservation charge specified in such

Releasing Shipper's Agreement with KMLP. The Releasing Shipper agrees

that the award of capacity to a Replacement Shipper or Subreplacement

Shipper shall automatically reduce the Releasing Shipper's firm

capacity rights under the Agreement with KMLP effective on the

effective date of the release for the period of the release, except

for any period that the firm capacity is recalled by the Releasing

Shipper (if the successful bid so permits) until such capacity is

reput to the Replacement or Subreplacement Shipper, in accordance with

this Section 14.

 

(b) A release by a Replacement Shipper shall not relieve

the Original Shipper or the Replacement Shipper of their obligations

under this Section 14.

 

(c) In the event that a Released Firm Transportation

Agreement covers the remaining term of the Eligible Firm

Transportation Agreement at the higher of the applicable maximum rate

or any applicable Negotiated Rate or Negotiated Rate Formula, then the

Original Shipper may request in writing that the Original Shippers'

rights and obligations under the Eligible Firm Transportation

Agreement shall be prospectively assigned to, and be assumed by, the