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of termination has not been withdrawn prior thereto, with such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.