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. 95 Original Sheet No. 95
(b) Transfer of Title. Pursuant to the provisions of Section 9.9(a),
and subject to Section 9.9(c) below, at Caledonia’s sole option and
demand, Customer shall transfer title to Holdover Gas to Caledonia,
free and clear of all liens, encumbrances, and adverse claims of any
kind, at a price per Dth equal to the Current Market Price of such Gas,
less Caledonia’s costs related to Customer’s failure to timely remove
its Gas, with “Current Market Price” being measured on the date on
which Caledonia liquidates Customer’s Holdover Gas and which is the
lesser of (i) the NYMEX Prompt Month settlement price, as adjusted for
the applicable basis differential plus applicable transportation, and
(ii) the “balance of month” market price as reflected by
Intercontinental Exchange (“ICE”) (or the open market price if ICE
has no relevant balance of month price information available on a
timely basis).
(c) Force Majeure. The provisions of Sections 9.9(a) and 9.9(b) are
subject to the provisions of this Section 9.9(c). To the extent
Customer is unable to withdraw its Storage Inventory or Park Balance
under a Service Agreement before the end of the applicable service
period by reason of a suspension of withdrawal rights during the
service period caused by Force Majeure declared by Caledonia or other
curtailment of such rights declared by Caledonia, Customer shall be
allowed to nominate to remove all remaining inventories under such Firm
Storage Service Agreement, in accordance with Customer’s MDWQ, and
Caledonia shall refrain from exercising its rights under Sections
9.9(a) and 9.9(b), for a reasonable time after the expiry of such Force
Majeure or curtailment period (i.e., the same number of Gas Days as
Customer’s withdrawal rights were subject to such Force Majeure and/or
curtailment period during the initial service period); provided,
however, that after such reasonable time the terms of Sections 9.9(a)
and 9.9(b) shall once again apply.