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. 93 Original Sheet No. 93 : Effective

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

23. CAPACITY RELEASE (Continued)

 

23.12 Limitations (Continued)

 

rights and Total Peaking may rely on the Releasing

Customer's notice and instructions. Releasing

Customer shall indemnify and hold Total Peaking

harmless from and against all demands, losses,

causes of action, expenses and/or damages resulting

from or relating to Releasing Customer's exercise of

its recall rights and Total Peaking's compliance

therewith including claims by the affected

Replacement Customer(s). Total Peaking shall also

support the function of reputting by Releasing

Customers. Reput method and rights should be

specified at the time of the deal. Reput method and

rights are individually negotiated between the

Releasing Customer and the Replacement Customer.

 

24. PERIODIC RATE ADJUSTMENTS AND SURCHARGES

 

Total Peaking shall have the right to file for changes to its

rates and to all other charges applicable to the service

hereunder and all other surcharges as may be applicable. Such

changed rates and charges shall be effective and applicable,

subject to refund as determined by the FERC, after any notice as

may be required by the FERC or at the end of any suspension

period ordered by the FERC, and such changed rate or charge shall

be the effective rate or charge under the Service Agreement;

provided, however, that nothing set forth herein shall prohibit,

or be construed to prohibit, Customer from protesting or opposing

any change to a rate or charge as may be proposed or otherwise

sought by Total Peaking.

 

25. RIGHT OF FIRST REFUSAL

 

25.1 Right of First Refusal at End of Contract Term. Total Peaking

may discontinue service to a Customer at the end of the primary

term or any renewed term of the Customer's LSV or LNG Agreement

unless (i) the Customer exercises any applicable renewal right in

the LSV or LNG Agreement; or (ii) in the case of a long term LSV

or LNG Agreement, the Customer exercises its right of first

refusal for the capacity covered by the LSV or LNG Agreement by

matching the terms offered to Total Peaking during an open