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. 121 Original Sheet No. 121
24. CUSTOMER TERMINATION OPTION
24.1 Customer shall have the right, subject to the terms of this
Section 24, at any time and from time to time to terminate any one or
more IPS, AILS, and ILS Service Agreements then outstanding (each, a
“Designated Service Agreement”) by providing written notice to
Caledonia and establishing an early termination date, which date shall
be the first Gas Day of the Month immediately following delivery of
such written notice (the “Customer Early Termination Date”). Customer’s
right to terminate a Designated Service Agreement is conditioned on
the following: (1) the “Beginning Date of Service” under the
Designated Service Agreement having not yet occurred, and (2) Caledonia
and Customer agreeing to the terms of a settlement payment (“Settlement
Payment”) for such Designated Service Agreement that results in
Caledonia being financially indifferent to the termination of such
Service Agreement, as determined by Caledonia in its sole but
reasonable discretion (with “financially indifferent” meaning to
preserve for Caledonia the economic equivalent of any payment,
Delivery, or service under the Designated Service Agreement that would,
but for the occurrence of the early termination, have been required of
the Parties after the early termination). In addition to the Settlement
Payment, Customer shall owe to Caledonia a surcharge equal to $0.05 per
Dth of MSQ, MPQ, or MLQ, as applicable, in respect of the Designated
Service Agreement, to defer the costs of Caledonia’s administration and
execution risk associated with the termination and re-trading of the
service agreement (“Surcharge”). If Customer designates a Customer
Early Termination Date and all conditions stated above are met, each
Designated Service Agreement shall be terminated as of the Customer
Early Termination Date. If Customer desires to terminate one or more
Designated Service Agreements on the same Customer Early Termination
Date, Settlement Payments may be netted or aggregated, as appropriate,
to a single final amount payable by one Party to the other Party (the
“Final Settlement Payment”), and the Surcharge may also be netted or
aggregated, as appropriate, into, and become part of, the Final
Settlement Payment. Caledonia shall deliver to Customer a statement
indicating the Final Settlement Payment, together with supporting
calculations, and the Party owing such Final Settlement Payment shall
pay such amount before 5 P.M. CCT on the second (2nd) Business Day
following the delivery of such statement to Customer.
25. POLICY WITH RESPECT TO FEES AND CONSTRUCTION OF NEW FACILITIES
25.1 Caledonia shall not be required to construct, modify, expand or
acquire any facilities to enable Caledonia to perform any requested
Service under any Service Agreement.