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. 119 Original Sheet No. 119
GENERAL TERMS AND CONDITIONS
(Continued)
24. MISCELLANEOUS (Continued)
24.5. Default and Termination
(a) Customer shall be in default under this FERC Gas Tariff or
the Storage Service Agreement if:
(1) Customer shall fail to pay any sums due to Bobcat
hereunder and such failure continues for a period of
five (5) Business Days after written notice to
Customer by Bobcat;
(2) Customer fails to perform any of its material
covenants or obligations under this FERC Gas Tariff or
the Storage Service Agreement, other than obligations
to make payments to Bobcat, and Customer does not
remedy such failure within a period of thirty (30)
days after receipt of a notice from Bobcat and
indemnify and hold harmless Bobcat from and against
any losses resulting from such failure;
(3) Customer or its guarantor becomes insolvent, however
evidenced.
(4) Customer fails to provide or maintain Financial
Assurances.
(b) In the event of any default by Customer, in addition to all
other remedies available to it pursuant to the Storage
Service Agreements or at law and in equity, Bobcat may do
any or all of the following:
(1) Demand within five (5) Business Days repayment of the
entire balance of the outstanding Gas loan to
Customer;
(2) refuse to accept any further deliveries of Gas from or
on behalf of Customer pursuant to all or any
transactions;
(3) refuse to deliver Gas to or on behalf of Customer
pursuant to all or any transactions;
(4) set off any amount owing by Bobcat to Customer
pursuant to any transaction(s) against amounts
otherwise owing by Customer to Bobcat pursuant to any
other transaction(s);
(5) suspend performance until Customer corrects the
default in full;
(6) terminate the Customer's Storage Service Agreement,
provided that Bobcat shall provide not less than
thirty (30) days notice of such termination to the
Customer and to FERC and