| Liberty Gas Storage L.L.C. |
|
Original Sheet No. 116 : Effective |
| FERC Gas Tariff |
|
|
| Liberty Gas Storage L.L.C. |
GENERAL TERMS AND CONDITIONS
4.10 Billing. The Replacement Customer shall be billed and make payments to
Liberty in accordance with the applicable Rate Schedule, other provisions of
this FERC Gas Tariff and of its Storage Service Agreement incorporating its bid
terms. In accordance with the terms of the release, the Replacement Customer
shall pay or be liable for the usage charges (plus all applicable surcharges,
Fuel Reimbursement, taxes, penalties, etc.) applicable under the relevant Rate
Schedule attributable
to its usage of the released capacity. Liberty shall continue to bill the
Releasing Customer all applicable charges under its existing Storage Service
Agreement, excluding usage charges (plus all applicable surcharges, Fuel
Reimbursement, taxes, penalties, etc.) billed to the Replacement Customer and
attributable to its usage of the released capacity. Invoices sent to the
Releasing Customer shall reflect a credit equal to any reservation charges
(plus all surcharges applicable thereto) being billed to the Replacement
Customer for the released capacity rights, or as otherwise agreed. If the
Replacement Customer fails to pay when due all or part of the amounts credited
to the Releasing Customer, Liberty shall pursue payment from the Replacement
Customer by notifying such Customer by registered letter, return receipt
requested, that it has five (5) days from receipt of such letter to pay the
amount due including any applicable interest. If the Replacement Customer
fails to pay such amount by the end of the fifth day, Liberty shall reverse the
credit and bill the Releasing Customer for such past due amounts, plus applicable
interest.
4.11 Rights and Obligations of the Parties.
(a) The Storage Service Agreement between the Releasing Customer and
Liberty shall remain in full force and effect with the Releasing Customer to
receive a credit to its invoice as described in Section 4.10 above. If the
Replacement Customer fails to pay all or part of the amounts credited to the
Releasing Customer after the five Day notification period specified in Section
4.9, Liberty shall reverse the credit and bill the Releasing Customer for such
past due amounts, plus applicable interest. The Storage 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) Liberty 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 Libertys FERC Gas Tariff and
their respective Storage Service Agreements. In the event that instructions or
nominations from the Releasing Customer and Replacement Customer are, in
Libertys opinion, inconsistent or conflicting, Liberty shall comply with the
instructions of the Releasing Customer; provided, however, that such
instructions must not be inconsistent with Libertys FERC Gas Tariff or the
terms of either the Releasing Customers or Replacement Customers Storage
Service Agreement, in Libertys opinion. The Releasing Customer will indemnify
Liberty against any claim or suit by the Replacement Customer, its successors
or assigns, arising from any action taken by Liberty in reliance upon the
Releasing Customers nominations and instructions and will hold Liberty
harmless for any action taken by Liberty in reliance upon the nominations and
scheduling instructions of the Replacement Customer; provided, however, that
the Releasing Customer shall not be liable for the Replacement Customers
failure to pay the usage charges (plus all applicable surcharges, Fuel
Reimbursement, taxes, penalties, etc.) billed to the Replacement Customer and
attributable to its usage of the released capacity. The Replacement Customer
will indemnify Liberty against any claim or suit by the Releasing Customer, its
successors or assigns, arising from any action taken by Liberty in reliance
upon the nominations and scheduling instructions of the Replacement Customer
and will hold Liberty harmless for any actions taken by Liberty in reliance
upon the instructions of the Releasing Customer.
| Issued by: William Rapp, Senior Counsel |
| Issue date: 06/10/05 |
|
Effective date: 04/15/07 |