Caledonia Gas And Storage

First Revised Volume No. 1

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Effective Date: 09/30/2010, Docket: RP10-1032-000, Status: Effective

Original Sheet No. 63 Original Sheet No. 63

 

In the event of a future revision to Title 75-7 of the Mississippi Code

or otherwise under Mississippi law incorporating additional or

different “storage agreement” and/or “warehouse receipt” requirements,

Customer and Caledonia will amend their relevant Service Agreement(s)

so that Caledonia shall always maintain such lien throughout the term

of such Service Agreement(s).

4.7 Right of Set-Off. If either Party (for purposes of this Section,

the “ Non-Performing Party”) fails to pay in full any amount owing to

the other Party (for purposes of this Section, the “Non-Receiving

Party”) under any Service Agreement within five (5) business days after

such amount becomes due, then, in addition to all other remedies

available to it under this Gas Tariff, the Service Agreement, at law,

in equity or otherwise, the Non-Receiving Party may set off the overdue

amount against amounts otherwise owing by the Non-Receiving Party to

the Non-Performing Party under this Gas Tariff, the Service Agreement

or any other agreement between the Parties.

 

5. CAPACITY RELEASE

 

5.1 Any Customer under Rate Schedule FSS may seek to release to others

any or all of its Firm Storage Service entitlements on a full Gas Day

or an intraday basis, on a permanent or a temporary basis, and on a

Firm or recallable basis, subject to the following terms and conditions:

5.2 Notice of Offer. A Customer offering to release Firm Storage

Service entitlements shall notify Caledonia via the Internet Web Site

of the terms of its offer by the posting deadline as determined

pursuant to this Section 5 herein. This information will be posted on

the Internet Web Site. The Releasing Customer may propose a

pre-arranged designated Replacement Customer (“Prearranged Customer”)

as part of its posting. Offers shall be binding unless written or

electronic notice of withdrawal is received by Caledonia prior to the

close of the applicable bid period; provided, however, such withdrawal

shall only be valid if such Customer has an unanticipated requirement

for such capacity and no minimum bid has been made. The notice must

contain the reason for withdrawal which Caledonia shall post on the

Internet Web Site. The offer shall contain the following minimum

information:

(a) Customer’s legal name and the name/title of individual who has

authorized the offer to release the capacity;

(b) Caledonia’s Service Agreement number;

(c) A description of the capacity to be released. The offer must state

the Maximum Storage Quantity, the Maximum Daily Injection Quantity, and

the Maximum Daily Withdrawal Quantity and the Point of

Injection/Withdrawal subject to