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. 120 Original Sheet No. 120
23.7 Current Value. With regard to a terminated Service Agreement
Current Value shall be determined on the basis of quotations from
Reference Market-makers. The Current Value of each terminated Service
Agreement will be the amount, if any, that would be paid to the Non-
Defaulting Party (expressed as a negative number) or by the Non-
Defaulting Party (expressed as a positive number) in consideration of
an agreement between the Non-Defaulting Party and a Reference Market-
maker to enter into a transaction that would have the effect of
preserving for the Non-Defaulting Party the economic equivalent of any
payment, Delivery, or service under the Service Agreement that would,
but for the occurrence of the early termination on the Early
Termination Date, have been required of the Parties after that date
(but not including Unpaid Amounts in respect of the terminated Service
Agreement). The Non-Defaulting Party will request such quotation from
three (3) Reference Market-makers and will request that each Reference
Market-maker provide its quotation to the extent reasonably practicable
as of the same day and time (without regard to different time zones)
on or as soon as reasonably practicable after the Early Termination
Date. The market quotation used in determining the Current Value will
be the quotation remaining after disregarding the highest and lowest
quotations; for this purpose, if more than one quotation has the same
highest value or lowest value, then one of such quotations shall be
disregarded. If the Non-Defaulting Party cannot, after using its best
efforts, obtain three quotations as provided above, two such quotations
may be used and the Current Value will be the average of the two
quotations. If no such quotations are available, the Current Value
with respect to such Service Agreement shall be based on the Non-
Defaulting Party’s Loss as of the Early Termination Date. The Non-
Defaulting Party will cause all market quotations to be documented by
the Reference Market-maker and will make all such documentation
available for review by the Defaulting Party.
23.8 Insufficient Proceeds. In the event Customer’s Gas in the
Caledonia System is liquidated and the proceeds therefrom are
insufficient to satisfy all outstanding payment obligations due to
Caledonia under the terminated Service Agreements, Customer will
remain liable for all such outstanding and unsatisfied obligations
that exceed the proceeds of such liquidation, including interest
thereon, and Caledonia shall be entitled to pursue all other remedies
available to it at law or in equity to secure the satisfaction of such
obligations.
23.9 No Waiver of Other Rights. Each Party’s rights under this Section
23 are in addition to, and not in limitation or exclusion of, any and
all other rights that a Party may have (whether by agreement, operation
of law, or otherwise).