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. 72 Original Sheet No. 72
If Releasing Customer proposes a Permanent Release of its capacity,
Caledonia will agree to discharge the Releasing Customer of its
obligations on a prospective basis in whole or in part provided (i)
the Replacement Customer meets the requirements of Section 4 and
Section 5, and (ii) Caledonia would be financially indifferent, as
determined by Caledonia in its reasonable discretion, to the discharge
if such discharge is granted.
5.12 Rights and Obligations of the Parties.
(a) The Service Agreement between the Releasing Customer and Caledonia
shall remain in full force and effect, with the Releasing Customer to
receive a credit to its invoice as described in Section 5.11 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 5.11, Caledonia 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, and in such event and for such
purposes, shall be considered the Releasing Customer.
(b) Caledonia 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 Caledonia’s FERC Gas Tariff and their respective Service Agreements.
Gas shall be injected or withdrawn at a uniform flow rate equal to
1/24th of the scheduled quantity. In the event that instructions or
nominations from the Releasing Customer and Replacement Customer are,
in Caledonia’s opinion, inconsistent or conflicting, Caledonia shall
comply with the instructions of the Releasing Customer; provided,
however, that such instructions must not be inconsistent with
Caledonia’s FERC Gas Tariff or the terms of either the Releasing
Customer’s or Replacement Customer’s Service Agreement. The Releasing
Customer will indemnify Caledonia against any claim or suit by the
Replacement Customer, its successors or assigns, arising from any
action taken by Caledonia in reliance upon the Releasing Customer’s
nominations and instructions, and will hold Caledonia harmless for any
action taken by Caledonia 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