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. 118 Original Sheet No. 118

 

(i) If Customer is the Defaulting Party, Customer shall not have any

nomination rights for the withdrawal of the Net Termination Balance

and re-Delivery of such Gas shall be pursuant to Section 23.6(b)(ii)

below; but, if Caledonia is the Defaulting Party, Customer shall have

nomination rights for the withdrawal of the Net Termination Balance,

which shall be restricted only by the terms of the relevant Service

Agreement(s) if the service is FSS, but which shall be subject to

Section 23.6(b)(ii) below for all interruptible services.

(ii) All withdrawals of Customer’s Gas shall be subject to the maximum

daily and hourly withdrawal limits set forth in the relevant FSS

Service Agreement(s), as well as all provisions of this Gas Tariff,

and Caledonia shall use its best efforts to Deliver to Customer its

Storage Inventory on such Gas Days and in such quantities as, in

Caledonia’s reasonable determination, there exists Interruptible

withdrawal capacity to accommodate such Deliveries. Nominations by

other non-defaulting Customers will have priority over nominations by

defaulting Customers.

(c) The Current Value of each terminated Service Agreement shall be

calculated as of the Early Termination Date, and a settlement payment

in an amount equal to the absolute value of the Current Value of each

Service Agreement shall be payable (i) by the Non-Defaulting Party to

the Defaulting Party if the Current Value is negative or (ii) by the

Defaulting Party to the Non-Defaulting Party if the Current Value is

positive, as applicable.

(d) The Current Values of all terminated Service Agreements shall be

set off or aggregated, as appropriate, so that all such amounts are

aggregated and/or netted to a single liquidated amount (the

“Termination Amount”) payable by one Party to the other. Caledonia

shall give Customer notice (the “Termination Amount Notice”) of the

Termination Amount, including a statement showing its calculation,

together with the following additional amounts, if any, but without

duplication (such Termination Amount, together with the following

additional amounts, the “Net Termination Amount”):

(i) Any Unpaid Amounts owing by one Party to the other Party; and