Total Peaking Services, L. L. C.

Original Volume No. 1

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Effective Date: 04/01/1998, Docket: CP96-339-001, Status: Effective

Original Sheet No. 55 Original Sheet No. 55 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

4. NOMINATION AND SCHEDULING OF SERVICES (Continued)

 

4.3 Time For Submission of Nominations (Continued)

 

(d) Total Peaking shall have the right to refuse to

receive or deliver any LNG or Regasified LNG not

timely or properly nominated. Total Peaking shall

not be liable to Customer or any other person as a

direct or indirect consequence of such refusal and

Customer shall indemnify Total Peaking from and

against any and all losses, damages, expenses,

suits, actions and proceedings whatsoever

threatened, incurred or initiated as a result of

such refusal, except to the extent such loss,

damage, expense, claim, suit, action or proceeding

is the result of Total Peaking's negligence, bad

faith or willful misconduct.

 

4.4 Additional Information Requirements

 

(a) Customer shall comply with requests by Total Peaking

for additional information which Total Peaking

believes is necessary to perform service hereunder

or to comply with the valid reporting or other

requirements of the Commission or other regulatory

agencies having jurisdiction.

 

(b) Customer shall notify Total Peaking immediately of

any unexpected changes in Quantities tendered for

receipt or delivery, whether or not such notice

conforms to the times set out herein.

 

(c) Customer shall cause the operator of each truck or

Point of Delivery designated in any nomination or

change to a nomination to confirm all such

nominations or changes to nominations in writing

prior to implementation by Total Peaking.