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. 73 Original Sheet No. 73

 

applicable surcharges, Fuel Reimbursement, taxes, penalties, etc.)

billed to the Replacement Customer and attributable to its usage of

the released capacity. The Replacement Customer will indemnify

Caledonia against any claim or suit by the Releasing Customer, its

successors or assigns, arising from any action taken by Caledonia in

reliance upon the nominations and scheduling instructions of the

Replacement Customer and will hold Caledonia harmless for any actions

taken by Caledonia in reliance upon the instructions of the Releasing

Customer.

5.13 Marketing Fee. If Caledonia and the Releasing Customer so agree,

Caledonia may receive a negotiated fee for its marketing efforts.

5.14 Limitations.

(a) Releases hereunder shall be for period(s) of one or more Gas Day(s)

and the maximum term shall not extend beyond the expiration of this

FERC Gas Tariff provision or beyond the expiration of the Releasing

Customer’s Service Agreement.

(b) Caledonia may invalidate any offer to release or any bid subsequent

to its posting on the Internet Web Site which does not conform to the

requirement of this Section 5 and the other provisions of this FERC Gas

Tariff and such invalidated offer or bid shall be deemed null and void.

(c) Any terms and conditions imposed on the offer to release by the

Releasing Customer as provided for in this Section must be objectively

stated, reasonable, capable of administration or implementation by

Caledonia without any material increase in burden or expense,

applicable to all potential bidders, not unduly discriminatory, and

consistent with the terms and conditions of this FERC Gas Tariff and

the Releasing Customer’s Service Agreement.

(d) A Releasing Customer may re-release to the same Replacement

Customer, where such first release was not subject to posting and

bidding requirements pursuant to Section 5.5, for a term of 31 days or

less only if: (i) a period of 28 days has elapsed after the first

release for 31 days or less has expired or (ii) the Point(s) of

Receipt and/or Point(s) of Delivery for the re-release is different

from the Point(s) of Receipt and/or Point(s) of Delivery of the first

release or (iii) the Releasing Customer causes the posting of an offer

to release capacity or of a pre-arranged transaction to be made, and

capacity is allocated on the basis of bids submitted.

(e) Recall Provisions. If the Releasing Customer retains recall rights,

Releasing Customer’s offer to release