Bobcat Gas Storage
Original Volume No. 1
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Effective Date: 10/15/2008, Docket: RP08-608-000, Status: Effective
Original Sheet No. 71 Original Sheet No. 71
GENERAL TERMS AND CONDITIONS
(Continued)
4. CAPACITY RELEASE (Continued)
4.10 Billing. The Replacement Customer shall be billed and make
payments to Bobcat in accordance with the applicable Rate
Schedule, other provisions of this FERC Gas Tariff, and of its
Storage Service Agreement incorporating its bid terms. In
accordance with the terms of the release, the Replacement Customer
shall pay or be liable for the usage charges (plus all applicable
surcharges, Fuel Reimbursement, taxes, penalties, etc.) applicable
under the relevant Rate Schedule and Firm Storage Service
Agreement attributable to its usage of the released capacity.
Bobcat shall continue to bill the Releasing Customer all
applicable charges under its existing Storage Service Agreement,
excluding usage charges (plus all applicable surcharges, Fuel
Reimbursement, taxes, penalties, etc.) billed to the Replacement
Customer and attributable to its usage of the released capacity.
Invoices sent to the Releasing Customer shall reflect a credit
equal to any reservation charges (plus all surcharges applicable
thereto) being billed to the Replacement Customer for the released
capacity rights, or as otherwise agreed. If the Replacement
Customer fails to pay when due all or part of the amounts credited
to the Releasing Customer, Bobcat shall pursue payment from the
Replacement Customer by notifying such Customer by registered
letter, return receipt requested, that it has five (5) Business
Days from receipt of such letter to pay the amount due including
any applicable interest. If the Replacement Customer fails to pay
such amount by the end of the fifth day, Bobcat shall reverse the
credit and bill the Releasing Customer for such past due amounts,
plus applicable interest.
4.11 Rights and Obligations of the Parties.
(a) The Storage Service Agreement between the Releasing Customer
and Bobcat shall remain in full force and effect with the
Releasing Customer to receive a credit to its invoice as
described in Section 4.10 of these General Terms and
Conditions. If the Replacement Customer fails to pay all or
part of the amounts credited to the Releasing Customer after
the five Day notification period specified in Section 4.10
of these General Terms and Conditions, then Bobcat shall
reverse the credit and bill the Releasing Customer for such
past due amounts, plus applicable interest. The Storage
Service Agreement executed by the Replacement Customer shall
be fully effective and enforceable by and against the
Replacement Customer. The Replacement Customer may also
release capacity pursuant to this Section, and in such event
and for such purposes, shall be considered the Releasing
Customer.