| Caledonia Energy Partners, L.L.C. | Original Sheet No. 56 : Effective | |
| FERC Gas Tariff | ||
| Caledonia Energy Partners, L.L.C. | ||
16. DEFAULT, SUSPENSION AND TERMINATION (a) Termination for Default. If (i) either Party shall fail in any material respect to comply with, observe, perform or shall default in any material respect upon any obligation under the Agreement, except due to causes excused by Force Majeure or attributable to the other s wrongful act or failure to act (Event of Default), and (ii) after written notice thereof from the Party claiming a right to terminate the Agreement, such failure shall continue for a period of thirty (30) Days, then the Party claiming the right to terminate may, by notice in writing, terminate the Agreement as of the date of the notice of termination; provided, however, that if such failure cannot be reasonably cured within such thirty (30) Days, the party claimed to be in default shall be entitled to such further time as shall reasonably be required to effect such cure, provided that such Party commences within such thirty (30) Days substantial efforts to effect such cure and at all times thereafter proceeds diligently to complete such cure, but in no event, shall the cure period exceed sixty (60) Days. If such cure is satisfactorily completed within such cure period, the non-defaulting party will not have the right to terminate the Agreement nor will the non-defaulting party have available to it the remedy set forth in Section 16(b). (b) Suspension for Default. Upon occurrence of an Event of Default, the non-defaulting Party shall have the right to suspend performance until such default has been remedied; provided, however, that an Event of Default does not include nonpayment of amounts owed that are disputed in good faith. A Customer shall not be obligated to pay any reservation or demand charges for suspended service attributable to the period when that service is suspended. (c) Rights Following Termination. In the event the Service Agreement(s) is (are) terminated, such termination shall be without prejudice, subject to such rights of offset as may exist, to any rights or obligations of the Parties accruing prior to such termination, including, but not limited to, (i) Customer s right to receive Gas that it has stored but has not received prior to the time of termination (unless Customer fails to remove such Gas from the Facility in the manner prescribed under the Service Agreement), (ii) Customer s right to refunds, if any, plus interest, of portions of the rate paid prior to such termination or release, or (iii) Caledonia s right to collect any amounts then due it for service provided to Customer prior to the time of such termination. Upon termination, Customer shall cause all Gas in its Gas Storage Balance Account to be removed from the Facility in the manner specified in the Rate Schedule. (d) Other Rights Preserved. The availability or exercise of the right to terminate a Service Agreement pursuant to this section shall not serve to diminish or effect the right of the Parties to seek damages or specific performance, for breach of the Service Agreement, as provided in such agreement. (e) Waiver of Default. No waiver by either Party of any one or more defaults by the other in the performance of any provisions of the Service Agreement shall operate or be construed as a waiver of any future default or defaults, whether of a like or different character.
| Issued by: Jim Goetz | ||
| Issue date: 03/30/07 | Effective date: 05/01/07 | |