Total Peaking Services, L. L. C.

Original Volume No. 1

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Effective Date: 04/01/1998, Docket: CP96-339-001, Status: Effective

Original Sheet No. 90 Original Sheet No. 90 : Effective





23. CAPACITY RELEASE (Continued)


23.10 Rights and Obligations of the Parties


(a) Unless Total Peaking otherwise agrees, the service

agreement between the Releasing Customer and Total

Peaking shall remain in full force and effect with

the Customer to receive a credit to its invoice as

described hereinabove. The service agreement

executed by the Replacement Customer shall be fully

effective and enforceable by and against the

Replacement Customer. The Replacement Customer may

also release capacity pursuant to this section, and

in such event and for such purposes, shall be

considered the Releasing Customer.


(b) Total Peaking shall accept nominations, schedule

service, afford priority of service and interrupt

service based on instructions and communications

from the Releasing Customer and the Replacement

Customer which are consistent with one another and

with the terms and conditions of Total Peaking's

FERC Gas Tariff and their respective service

agreements. In the event that instructions or

nominations from the Releasing Customer and

Replacement Customer are, in Total Peaking's

opinion, inconsistent or conflicting, Total Peaking

shall comply with the instructions of the Releasing

Customer; provided, however, that such instructions

must not be inconsistent with Total Peaking's FERC

Gas Tariff or the terms of either the Releasing

Customer's or Replacement Customer's service

agreement, in Total Peaking's opinion. The

Releasing Customer will indemnify Total Peaking

against any claim or suit by the Replacement

Customer, its successors assigns, arising from any

action taken by Total Peaking in reliance upon the

Releasing Customer's nominations and instructions

and will hold Total Peaking harmless for any action

taken by Total Peaking in reliance upon the