Monroe Gas Storage Company, LLC
Original Volume No. 1
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Effective Date: 04/29/2009, Docket: RP09-447-000, Status: Effective
Original Sheet No. 158 Original Sheet No. 158
GENERAL TERMS AND CONDITIONS
(Continued)
8. CAPACITY RELEASE (Continued)
8.11 Rights and Obligations of the Parties.
(a) The Service Agreement between the Releasing Customer and Operator
shall remain in full force and effect with the Releasing Customer
to receive a credit to its invoice as described in Section 8.10
above. 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 8.10, Operator shall
reverse the credit and bill the Releasing Customer for such past
due amounts, plus applicable interest. The 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 8, and in such event and for such purposes, shall be
considered the Releasing Customer.
(b) Operator 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 Operator's FERC Gas Tariff and their respective
Service Agreements. In the event that instructions or nominations
from the Releasing Customer and Replacement Customer are, in
Operator's opinion, inconsistent or conflicting, Operator shall
comply with the instructions of the Releasing Customer; provided,
however, that such instructions must not be inconsistent with
Operator's FERC Gas Tariff or the terms of either the Releasing
Customer's or Replacement Customer's Service Agreement. The
Releasing Customer will indemnify Operator against any claim or
suit by the Replacement Customer, its successors or assigns,
arising from any action taken by Operator in reliance upon the
Releasing Customer's nominations and instructions and will hold
Operator harmless for any action taken by Operator 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.