RATE SCHEDULE FS

FIRM STORAGE

(Continued)


 

7.4 MARKETING FEE. Seller may negotiate with Releasing

Customer to market all or a portion of the released

capacity to potential Replacement Customers who, as a

result of such marketing activity, bid for such capacity

during the competitive bidding procedure. If Seller

contracts with a Replacement Customer found by Seller,

Seller shall be entitled to a marketing fee which will

be negotiated between Seller and Releasing Customer,

such marketing fee to be deducted monthly from credits

due Releasing Customer with respect to each Dth of

capacity purchased by the Replacement Customer. Each

Replacement Customer found by Seller shall submit with

its bid a statement attesting to Seller's marketing

efforts in connection with such Replacement Customer's

decision to purchase released capacity. Such statement

shall constitute conclusive evidence of Seller's

proactive marketing effort entitling Seller to a

marketing fee.


 

7.5 TERM. Any release under this Section 7 for service

under Rate Schedule FS shall be for a maximum term not

longer than the remaining term of the underlying FS

Service Agreement. If capacity is released and the

Replacement Customer takes service under Rate Schedule

IS, the minimum term shall be one Month.


 

7.6 VOLUMETRIC RELEASE. Customer may release capacity on a

volumetric basis, provided that:


 

(a) all requirements and conditions of the release be

specified by the Releasing Customer in the release

notice, including any minimum Storage volume

requirement, and


 

(b) the requirements and conditions specified by

Releasing Customer must meet all of the

requirements and conditions of Seller's Tariff,

and


 

(c) Volumetric Rate For Release must fall below the

Maximum Rates for releases longer than one (1)

year as stated on Sheet No. 5 of this Tariff, and