Total Peaking Services, L. L. C.

Original Volume No. 1

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Effective Date: 12/19/2000, Docket: RP01-175-002, Status: Effective

First Revised Sheet No. 64 First Revised Sheet No. 64 : Effective

Superseding: Iginal Sheet No. 64

GENERAL TERMS AND CONDITIONS

(Continued)

 

6. CURTAILMENT AND INTERRUPTION (Continued)

 

6.5 Curtailment Compliance (Continued)

 

(b) Customer shall indemnify Total Peaking from and

against any and all losses, damages, expenses,

claims, suits, actions, and proceedings whatsoever

threatened, incurred, or initiated as a result of

Total Peaking's performance hereunder, 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.

 

(c) Without regard to any other remedy provided by law

or by the provisions hereof, Total Peaking shall be

entitled to seek an order from the Commission or any

other appropriate tribunal requiring compliance with

curtailment or interruption ordered by Total Peaking

in compliance with this Section 6 or any directive

from any governmental authority having jurisdiction.

 

7. BALANCING

 

7.1 RESERVED

 

7.2 Final Balancing

 

Customer shall withdraw, or otherwise dispose of, all of

its Storage Volume by the date the Service Agreement

terminates.