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. 69 Original Sheet No. 69 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

10. QUALITY (Continued)

 

(g) No active bacteria or bacterial agent, including but

not limited to, sulphate reducing bacteria or acid

producing bacteria; and

 

(h) No hazardous or toxic substances.

 

Total Peaking shall not be obligated to receive any LNG that does

not meet these standards.

 

10.3 Customer shall indemnify Total Peaking from any loss, cost,

damage, or expense incurred by Total Peaking as a direct or

indirect result of Customer's failure to comply with the

provisions of this Section 10, 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 or

is the direct result of Total Peaking's deliberate decision to

take Customer's nonconforming natural gas or LNG.

 

11. MEASUREMENT

 

11.1 Measurement of Natural Gas Received from Customer's Transporter

 

Unless otherwise agreed upon by the parties, Customer shall cause

the measurement of the quantities of natural gas received by

Total Peaking to be performed by the Transporter delivering such

gas at the Point of Delivery (Gas) in accordance with such

Transporter's normal practices for measurement and testing of

measuring equipment. Customer shall seek to assure the

maintenance, or testing of the equipment used to measure the

quantities redelivered by Total Peaking and shall cooperate with

any requests of Total Peaking to do so.