Pinnacle Pipeline Company
ORIGINAL VOLUME NO. 1
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Effective Date: 10/08/2003, Docket: RP04-102-001, Status: Effective
Original Sheet No. 158 Original Sheet No. 158 : Effective
26.3 Termination by Shipper - Upon the occurrence of
an Event of Default by Transporter under a
Transportation Agreement ("Agreement"), Shipper
may terminate the Agreement upon ten (10)
additional Days' prior written notice to
Transporter. Except as otherwise provided in the
Agreement, upon termination by Shipper, Shipper
shall pay to Transporter all payments owed to
Transporter for gas that flowed prior to
termination. In addition, Transporter and
Shipper may agree to a termination payment to be
paid by Transporter, which shall be equal to the
difference between the Negotiated Rate, if any,
and the next highest rate that Shipper would be
required to pay for equivalent capacity and
service from another transportation service
provider, multiplied by the quantity remaining to
be delivered to Shipper under the Transportation
Agreement.
26.4 Accounting Upon Termination - Any termination of
a Transportation Agreement pursuant to the
provisions of Sections 26.2 or 26.3 will be
without prejudice to the right of either
Transporter or Shipper to collect any amounts
then due to it, to offset amounts owed to it by
the other party from such amounts due to the
other party, and will be without prejudice to the
right of Shipper to receive any Gas that has been
delivered to Transporter at the Receipt Point but
which Transporter has not yet redelivered to the
Delivery Point(s), subject, however, to the
payment of the applicable charge set forth in the
terminated Transportation Agreement for such
transportation and resolution of any applicable
Gas imbalances, and without waiver of any remedy
to which the party not in default may be entitled
as a result of the defaulting party's default,
breach or violation of the terms of the
terminated Transportation Agreement.
26.5 Remedies - In the event of termination by either
Transporter or Shipper under GT&C Sections 26.2
or 26.3, in addition to the remedies set forth in