Steckman Ridge, LP

Original Volume No. 1

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Effective Date: 04/01/2009, Docket: RP09-389-000, Status: Effective

Original Sheet No. 444 Original Sheet No. 444

 

FORM OF SERVICE AGREEMENT FOR

CAPACITY RELEASE UMBRELLA AGREEMENT UNDER

RATE SCHEDULE FSS

(continued)

 

 

ARTICLE VI

RELATIONSHIP BETWEEN REPLACEMENT CUSTOMER

AND RELEASING CUSTOMER

 

The parties recognize that, pursuant to Commission orders, Releasing

Customer may require that the Replacement Customer agree that a breach of this

Umbrella Service Agreement, including a failure to pay, or to pay timely, by

Replacement Customer under this Umbrella Service Agreement, constitutes a

breach of contract as between Replacement Customer and Releasing Customer.

The existence of such an agreement will be indicated on the appropriate

Addendum to this Capacity Release Umbrella Agreement. If Replacement Customer

fails to pay Steckman Ridge, fails to timely pay Steckman Ridge, or otherwise

breaches this Umbrella Service Agreement with Steckman Ridge: (a) both

Replacement Customer and Releasing Customer (except to the extent otherwise

provided in Section 5 of the General Terms and Conditions and except with

respect to penalties attributable to Replacement Customer's conduct) shall be

liable to Steckman Ridge for such failure to pay or breach (it being

understood that nothing in this Article VI relieves Releasing Customer from

responsibility to pay Steckman Ridge in accordance with its Service Agreements

with Steckman Ridge) and (b) if, as a result of such breach by Replacement

Customer, Releasing Customer is accordingly required to pay Steckman Ridge or

otherwise perform, Releasing Customer may have a cause of action for breach

against Replacement Customer.