Caledonia Gas And Storage
Original Volume No. 1
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Effective Date: 05/01/2007, Docket: CP05- 15-003, Status: Effective
Original Sheet No. 83 Original Sheet No. 83 : Effective
FORM OF CUSTOMER GUARANTY
THIS GUARANTY is executed as of the ______ day of ___________, 200_, by
[________________________], [______________] (Guarantor) in favor of Caledonia
Energy Partners, L.L.C., a Delaware limited liability company
(Company).
RECITAL
[Name of Customer], a ____________ (Customer), and Company may from time to
time enter into contracts for natural gas Storage Services and/or Loan Services
pursuant to which Customer may utilize Company’s Gas Storage Facility
(Contract(s)). As an inducement to Company to enter into the Contracts and for
other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Guarantor covenants and agrees as
follows:
1. Guaranty of Payment. Guarantor hereby irrevocably and unconditionally
guarantees the due and punctual payment of any and all present and future
obligations and liabilities of all kinds of Customer to Company pursuant to the
Contracts (collectively, the "Guaranteed Obligations"). Upon any failure by
Customer to pay any of the Guaranteed Obligations, Guarantor agrees that it
will forthwith on demand pay any amounts, which Customer has failed to pay
Company, at the place and in the manner specified in the Contract. This
Guaranty is a guaranty of payment and not merely a guaranty of collection.
Guarantor agrees that Company may resort to Guarantor for payment of any of the
Guaranteed Obligations, whether or not Company shall have resorted to any
collateral security, or shall have proceeded against any other obligor
principally or secondarily obligated with respect to any of the Guaranteed
Obligations. Guarantor hereby waives the right to assert defenses which
Customer may have to payment of any Guaranteed Obligations.
2. Guaranty Unconditional and Absolute. The obligations of Guarantor
hereunder shall be unconditional and absolute and, without limiting the
generality of the foregoing, shall not be released, discharged or otherwise
affected by:
(i) any extension, renewal, settlement, compromise, waiver, discharge or
release in respect of any Guaranteed Obligations of
Customer;
(ii) the existence, extent of, any release, exchange, surrender, non-perfection
or invalidity of any direct or indirect security for any of the Guaranteed
Obligations;
(iii) any modification, amendment, waiver, extension of or supplement to any of
the Contract(s) or the Guaranteed Obligations agreed to from time to time by
Customer and Company;
(iv) any change in the corporate existence (including its constitution, laws,
rules, regulations or powers), structure or ownership of Customer or Guarantor,
or any insolvency, bankruptcy, reorganization or other similar proceeding
affecting Customer or its assets, Guarantor or any other guarantor of any of
the Guaranteed Obligations;