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. 116 Original Sheet No. 116
(b) If the Defaulting Party does not remedy and remove the cause or
causes and does not indemnify the Non-Defaulting Party for any and all
consequences of such Event of Default within the thirty-day period
(30), then, after any necessary notice to regulatory bodies having
jurisdiction (which notice may be given at the same time as the
termination notice to Defaulting Party), the Service Agreement shall
be terminated as of the Early Termination Date, provided that notice
of termination has not been withdrawn prior thereto, with such
termination being effectuated as provided herein;
(c) If termination occurs pursuant to subsection (b) above, any or all
Service Agreements between Customer and Caledonia then outstanding may
be subject to termination as of the Early Termination Date in
accordance with the further provisions of this Section 23; and any
termination of such Service Agreement(s) pursuant to the provisions
of this Section shall be without prejudice to the right of Caledonia
to collect any amounts then due to it for services rendered prior to
the time of termination, and shall be without prejudice to the right
of Customer to receive any service for which it has paid and is
entitled but has not received prior to the time of termination, and
without waiver of any remedy, at law or in equity, to which the Non-
Defaulting Party may be otherwise entitled, including, without
limitation, the right to off-set any amount owing by the Defaulting
Party to the Non-Defaulting Party under the Service Agreement(s)
against any amount owing by the Non-Defaulting Party to the Defaulting
Party under the Service Agreement(s) or under any other agreement.
23.4 Suspension of Service. In addition to the rights set forth above,
prior to a termination for an Event of Default, upon written notice
detailing Caledonia’s reasons for suspension, Caledonia may suspend
service to any Customer who fails to comply with the terms of a
Service Agreement. Caledonia’s failure to invoke its rights to suspend
or terminate service at any time shall not be construed as a waiver of
Caledonia’s right to suspend or terminate service at any other time
Customer is in breach of the terms of a Service Agreement. During any
period of suspension and following any termination of service,
Caledonia shall not charge Customer reservation charges. At Caledonia’s
option, a termination notice given pursuant to Section 23.3 above may
also serve as a notice of immediate suspension under this Section.