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. 92 Original Sheet No. 92

 

remedies of a non-defaulting Party for a Delivery Default or Receipt

Default will be limited to the remedies stated in this Section 9.8. If

the non-defaulting Party wishes to utilize the remedy provisions of

this Section 9.8, the Parties will (unless the terms of Section 9.8(d)

are applicable) act in accordance with Sections 9.8(b) or 9.8(c), as

applicable, which may include, among other things, the use of

commercially reasonable efforts to enter into a corresponding

transaction (the “Corresponding Transaction”) (which may include (among

other things), to the extent possible given the nature of the relevant

Defaulted Transaction, (a) entering into an offsetting transaction,

e.g., if the Defaulted Transaction is an ILS transaction, entering into

an IPS transaction, or if the Defaulted Transaction is an IPS

transaction, entering into an ILS transaction, or (b) entering into

such other transaction as to which the Parties may agree) to mitigate

damages to the extent possible while preserving the economic substance

of the initial agreement between the Parties as evidenced by the

original terms of the Defaulted Transaction. Upon request, the Party

claiming a Receipt Default or Delivery Default by the other Party shall

provide written documentation of such Receipt Default or Delivery

Default in the form of allocation statements from the applicable

Transporter(s). With respect to any remedy for any Receipt Default or

Delivery Default, notwithstanding any provision in any Service

Agreement to the contrary, and in addition to all other remedies

available to Caledonia, Customer will be responsible for all charges

that accrued before the date of the Receipt Default or Delivery Default

as well as all injection or withdrawal charges that would otherwise be

applicable to the Default Quantities under the Defaulted Transaction

had such Receipt Default or Delivery Default not occurred.