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. 96 Original Sheet No. 96 : Effective
GENERAL TERMS AND CONDITIONS
(Continued)
26. MARKETING AFFILIATE RULE COMPLIANCE PROCEDURES (Continued)
26.3 Shared Facilities and Employees. Total Peaking shares no
facilities or operating employees with any marketing
affiliate.
27. REMOVAL OF INVENTORY
27.1 Removal. If (a) a Customer's storage capacity is curtailed under
the terms of this tariff, (b) a Customer's storage capacity is
released or recalled from release under Section 23 of these
General Terms and Conditions, or (c) a Customer's service
agreement terminates, then Customer shall remove its LNG
inventory at the maximum rate achievable by Total Peaking's
facilities commencing (i) at the earliest practicable time
following notice by Total Peaking but no later than twenty-four
hours following such notice, in the event of curtailments; (ii)
upon the effectiveness of the release, in the event of a capacity
release under Section 23; (iii) at the time specified in the
notice of recall, in the event of a capacity recall under
Section 23; or (iv) upon the termination of the service
agreement, in the event of a termination. If the Customer fails
to so remove such LNG then Total Peaking may, at its option, take
title to such LNG free and clear of any adverse claims, in which
case Customer shall indemnify Total Peaking and hold it harmless
from all costs, damages, and liabilities arising out of the
failure of the Customer to remove such LNG and the disposal of
such LNG by Total Peaking, including storage charges under the
applicable rate schedule. In the event that, notwithstanding its
exercise of due diligence, Customer is inhibited from so
withdrawing its LNG, Total Peaking shall pay to Customer any net
proceeds from Total Peaking's sale of the LNG. Total Peaking
shall use reasonable efforts to maximize the sales price of such
LNG.