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. 72 Original Sheet No. 72

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

4. CAPACITY RELEASE (Continued)

 

4.11 Rights and Obligations of the Parties (Continued)

 

(b) Bobcat shall accept nominations, schedule service, afford

priority of service, and interrupt service based on

instructions and communications from the Releasing Customer

and the Replacement Customer, which are consistent with one

another and with the terms and conditions of Bobcat's FERC

Gas Tariff and their respective Storage Service Agreements.

In the event that instructions or nominations from the

Releasing Customer and Replacement Customer are, in Bobcat's

opinion, inconsistent or conflicting, Bobcat shall comply

with the instructions of the Releasing Customer; provided,

however, that such instructions must not be inconsistent

with Bobcat's FERC Gas Tariff or the terms of either the

Releasing Customer's or Replacement Customer's Storage

Service Agreement, in Bobcat's opinion. The Releasing

Customer will indemnify Bobcat against any claim or suit by

the Replacement Customer, its successors or assigns, arising

from any action taken by Bobcat in reliance upon the

Releasing Customer's nominations and instructions and will

hold Bobcat harmless for any action taken by Bobcat in

reliance upon the nominations and scheduling instructions of

the Replacement Customer; provided, however, that the

Releasing Customer shall not be liable for the Replacement

Customer's failure to pay the 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. The Replacement

Customer will indemnify Bobcat against any claim or suit by

the Releasing Customer, its successors or assigns, arising

from any action taken by Bobcat in reliance upon the

nominations and scheduling instructions of the Replacement

Customer and will hold Bobcat harmless for any actions taken

by Bobcat in reliance upon the instructions of the Releasing

Customer.

 

4.12 Marketing Fee. If Bobcat and the Releasing Customer so agree,

Bobcat may receive a negotiated fee for its marketing efforts.

 

4.13 Limitations.

 

(a) Releases and assignments hereunder shall be for period(s) of

one or more Day(s) and the maximum term shall not extend

beyond the expiration of this FERC Gas Tariff provision or

beyond the expiration of the Releasing Customer's Storage

Service Agreement.