| Caledonia Energy Partners, L.L.C. | Original Sheet No. 40 : Effective | |
| FERC Gas Tariff | ||
| Caledonia Energy Partners, L.L.C. | ||
quantity, down to and including zero, for such intra day nomination; provided, however, if such intra-day nomination requires confirmation from an upstream and/or downstream interconnected pipeline, then any intra-day nomination to reduce previously scheduled quantities will be subject to, and limited to, the reduced quantity confirmed by such upstream and/or downstream interconnected pipeline. (c) Nominations will be processed for scheduling in the order in which they were received, by priority level as described in Section 4 of the General Terms and Conditions of this FERC Gas Tariff. Nominations received after the nomination deadline should be scheduled after the nominations received before the nomination deadline. (d) Notices provided under this Section 5.2 must be submitted in writing via facsimile or the Internet Web Site. Customer shall provide notice of any changes in deliveries to or receipt from Caledonia to all transporters and shall be responsible for, and shall hold Caledonia harmless, from, any and all liabilities and expense resulting from any such changes, unless the added expense is due to the negligence of Caledonia. 5.3 Customer shall make available and tender any Gas to be injected hereunder and receive and accept delivery, upon tender by Caledonia, any Gas requested to be withdrawn from storage. The quantity of Gas stored for the account of Customer shall be increased or decreased upon injection or withdrawal of Gas from storage, as applicable. Customer shall not (unless otherwise agreed by Caledonia) receive or deliver Gas, nor shall Caledonia be obligated to receive Gas or deliver Gas on an hourly basis at rates of flow in excess of one twenty-fourth (1/24) of Customer s MDIQ (as limited by ADIQ) or MDWQ (as limited by ADWQ), respectively. As determined by Caledonia in its sole and reasonable judgment, flow rates above one twenty-fourth (1/24) of Customer s MDIQ (as limited by ADIQ) or MDWQ (as limited by ADWQ) may be permitted. 6. IMBALANCES 6.1 Caledonia-Caused Imbalances. The Parties recognize and acknowledge that (i) if Caledonia fails to receive Gas from Customer or deliver Gas to Customer in accordance with Customer s nominations made pursuant to the scheduling procedures, then Customer may incur an imbalance on one or more pipelines (Caledonia Pipeline Imbalance) and (ii) both positive and negative inventory imbalances may occur at the Facility (whether as the result of Caledonia Pipeline Imbalance of otherwise) that could result in greater or lesser volumes of Gas residing in the Facility than would otherwise be reflected in the aggregate of all of the Gas Storage Balance Accounts of all Customers of Caledonia at the Facility (any such imbalance being sometimes referred to herein as a Storage Operational Imbalance). In the event that at any given time either a Caledonia Pipeline Imbalance or a Storage Operational Imbalance (collectively, Caledonia-Caused Imbalances) should occur, the Parties agree that such imbalances shall be treated as either a positive or negative imbalance, as appropriate, in Caledonia s Gas Storage Balance Account at the Facility and the Gas Storage Balance Account of Customer under the Service Agreement shall be unaffected by such occurrences. Caledonia agrees that, notwithstanding the occurrence of such Caledonia-Caused Imbalances, (a) Customer will
| Issued by: Jim Goetz | ||
| Issue date: 03/30/07 | Effective date: 05/01/07 | |