| Caledonia Energy Partners, L.L.C. | Original Sheet No. 52 : Effective | |
| FERC Gas Tariff | ||
| Caledonia Energy Partners, L.L.C. | ||
(g) The offer to release by a Customer under Rate Schedule FSS must specify the quantities of MSC, MDIQ (and associated ADIQ limits), MDWQ (and associated ADWQ limits) or rights offered, and actually available on the effective date of the assignment, and the exercise of which rights, in conjunction with Releasing Customer s exercise of its retained rights, will not violate any maximum or minimum quantity requirements or limitations applicable under the Rate Schedule or the respective Service Agreements. Releasing Customer shall be responsible for ensuring, if applicable, whether by the withdrawal or transfer-in-place of a portion of its Storage Balance or otherwise as required, that such storage capacity, and the corresponding ability to inject/withdraw Gas up to the Maximum Storage Capacity released, in accordance with the terms and conditions of the Rate Schedule and within the time remaining in the injection and/or withdrawal period, as applicable, shall be available upon the commencement of the release. A Replacement Customer under Rate Schedule FSS must comply with all obligations imposed under such Rate Schedule and its rights to store, withdraw and/or inject Gas will be subject to the provisions thereof. If the Releasing Customer proposes to, or requires a transfer-in-place of the portion of its Storage Balance in conjunction with its release and assignment of storage capacity rights, it shall so specify in its offer to release and such transfer shall be implemented contemporaneously with the release and assignment subject to compliance with the provisions of Section 13 of these General Terms and Conditions. The Replacement Customer must withdraw the portion of its Maximum Storage Capacity by the end of the term of the release. In lieu of withdrawing the portion of its Storage Balance, the Replacement Customer can also attempt to effect a transfer of the portion of its Storage Balance to another storage service Customer as provided in Section 13 of these General Terms and Conditions. If the Replacement Customer fails to withdraw or transfer the portion of its Storage Balance by the end of the term of its release, title to the portion of Customer s remaining Storage Balance will be vested, at no cost, to the Releasing Customer which released its capacity to the Replacement Customer on a temporary basis. 11. FORCE MAJEURE Neither Caledonia nor Customer shall be liable in damages to the other for any act, omission or circumstance occasioned by or in consequence of any acts of God, strikes, lockouts, acts of the public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, arrests and restraints of rulers and peoples, civil disturbances, explosions, breakage or accident to machinery or lines of pipe, the binding order of any court or governmental authority which has been resisted in good faith by all reasonable legal means, and any other cause, whether of the kind herein enumerated or otherwise, not reasonably within the control of the Party claiming suspension and which by the exercise of due diligence such Party is unable to prevent or overcome. Failure to prevent or settle any strike or strikes shall not be considered to be a matter within the control of the Party claiming suspension. Such causes or contingencies affecting the performance hereunder by Caledonia or the Customer, however, shall not relieve either Party of liability in the event of its concurring negligence or in the event of its failure to use due diligence to remedy the situation and to remove the cause in an adequate manner and with all reasonable dispatch, nor shall such causes or contingencies affecting such performance relieve Customer from its obligations to make payments of amounts then due hereunder.
| Issued by: Jim Goetz | ||
| Issue date: 03/30/07 | Effective date: 05/01/07 | |