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. 149 Original Sheet No. 149

 

or such other address as either Party shall designate by formal

written notice.

 

SECTION V - INTERPRETATION

THE INTERPRETATION AND PERFORMANCE OF THIS CAPACITY RELEASE

UMBRELLA AGREEMENT SHALL BE IN ACCORDANCE WITH THE LAWS OF THE STATE

OF TEXAS, WITHOUT RECOURSE TO THE LAW GOVERNING CONFLICT OF LAWS.

The Capacity Release Umbrella Agreement and the obligations of

the Parties are subject to all present and future valid laws with

respect to the subject matter, either State or Federal, and to all

valid present and future orders, rules, and regulations of duly

constituted authorities having jurisdiction.

SECTION VI - RELATIONSHIP BETWEEN REPLACEMENT

CUSTOMER AND RELEASING CUSTOMER

 

The Parties recognize that, pursuant to Commission orders,

Releasing Customer may require that the Replacement Customer agree

that a breach of this Capacity Release Umbrella Agreement, including a

failure to pay, or to pay timely, by Replacement Customer under this

Capacity Release Umbrella Agreement, constitutes a breach of contract

as between Replacement Customer and Releasing Customer. The existence

of such an agreement will be indicated on the appropriate Exhibit A

Confirmation to this Capacity Release Umbrella Agreement. If

Replacement Customer fails to timely pay Caledonia or otherwise

breaches this Capacity Release Umbrella Agreement with Caledonia: (a)

both Replacement Customer and Releasing Customer (except to the extent

otherwise provided in Section 4 of the General Terms and Conditions

and except with respect to penalties attributable to Replacement

Customer’s conduct) shall be liable to Caledonia for such failure to

pay or breach (it being understood that nothing in this Capacity

Release Umbrella Agreement relieves Releasing Customer from

responsibility to pay Caledonia in accordance with its Service

Agreements with Caledonia) and (b) if, as a result of such breach by

Replacement Customer, Releasing Customer is accordingly required to

pay Caledonia or otherwise perform, Releasing Customer may have a

cause of action for breach against Replacement Customer.

IN WITNESS WHEREOF, the Parties hereto have caused this

Capacity Release Umbrella Agreement to be signed by their respective

Presidents, Vice Presidents or other duly authorized agents, effective

as of the Effective Date.

CALEDONIA ENERGY PARTNERS, L.L.C.

By: Enstor Operating Company, LLC, its Manager

By: ____________________________________________

Title : __________________________________________

 

REPLACEMENT CUSTOMER

By: ____________________________________________

Title: _________________________________________

Date: __________________________________________