Common use of APPLICABILITY AND CHARACTER OF SERVICE Clause in Contracts

APPLICABILITY AND CHARACTER OF SERVICE. 2.1 This Rate Schedule shall apply to all IPS service rendered by Boardwalk Storage to Shipper at Boardwalk Storage's facilities located in Iberville Parish, Louisiana pursuant to an executed IPS Service Agreement. (a) IPS service rendered by Boardwalk Storage to Shipper under this Rate Schedule shall consist of the park, storage, and unpark and delivery of Shipper's gas, on an interruptible basis, by Boardwalk Storage. Service under this Rate Schedule includes: (i) The daily park of Shipper's gas per Shipper's nomination up to the Maximum Daily Park Quantity ("MDPQ") stated in Exhibit A of the IPS Service Agreement with Shipper, provided that all higher priority service nominations for park have been satisfied, that Shipper's Park Quantity is less than the Maximum Park Quantity set forth in Exhibit A of the IPS Service Agreement, and Shipper delivers the nominated quantity plus fuel reimbursement to the Point(s) of Receipt located on Boardwalk Storage's system, provided Shipper's Park Balance has not exceeded Shipper's Maximum Park Quantity; (ii) The storage of gas in amounts up to Shipper's Maximum Park Quantity provided that all high priority service storage needs have been satisfied; and (iii) The daily withdrawal and delivery of Xxxxxxx's gas per Xxxxxxx's nomination to the Point(s) of Delivery located on Boardwalk Storage's system up to Shipper's Maximum Daily Unpark Quantity ("MDUQ") stated in Exhibit A of the IPS Service Agreement with Shipper, provided that all high priority service nominations for unpark have been satisfied, and that Shipper has sufficient gas stored in Shipper's Park Balance. 2.2 To the extent storage capacity which is being utilized by an interruptible Shipper hereunder is needed by Boardwalk Storage in order to satisfy Boardwalk Storage's obligations to higher priority services, Boardwalk Storage shall require Shipper to unpark all, or any portion of, the IPS gas quantities held in storage by Boardwalk Storage for the account of Shipper as specified by Boardwalk Storage. Unless Boardwalk Storage otherwise agrees, Xxxxxxx shall be required to make ratable unparks. If Shipper fails to unpark such IPS Park Balance, then Boardwalk Storage may take, free and clear of any adverse claims, title to such IPS Park Balance as Shipper was instructed to unpark. Boardwalk Storage's notice to Shipper may be given verbally, but shall be confirmed in writing via e-mail or facsimile to the customer. In the event that Boardwalk Storage retains and takes title to any of Xxxxxxx's gas pursuant to this section, Boardwalk Storage shall dispose of such gas by auction and shall credit the net proceeds received from such auction in accordance with the provisions of Section 6.17 of the General Terms and Conditions of this FERC NGA Gas Tariff. 2.3 Shipper shall be permitted to combine the Interruptible park, storage, or unpark and delivery of gas available under this Rate Schedule with any service available under any other Rate Schedule set forth in this FERC NGA Gas Tariff; provided, however, such combined services shall be subject to Section 6.12 of the General Terms and Conditions of this FERC NGA Gas Tariff; and, provided, further, that priority for each such service shall be determined by the respective priority of that service as set forth in Section 6.12 of the General Terms and Conditions of this FERC NGA Gas Tariff.

APPLICABILITY AND CHARACTER OF SERVICE. 2.1 This Rate Schedule shall apply to all IPS service rendered by Boardwalk Storage to Shipper at Boardwalk Storage's facilities located in Iberville Parish, Louisiana pursuant to an executed IPS Service Agreement. (a) IPS service rendered by Boardwalk Storage to Shipper under this Rate Schedule shall consist of the parkinjectionpark, storage, and withdrawal unpark and delivery of Shipper's gas, on an interruptible basis, by Boardwalk Storage. Service under this Rate Schedule includes: (i) The daily injection park of Shipper's gas per ShipperXxxxxxx's nomination up to the Maximum Daily Injection Park Quantity ("MDPQMDIQMDPQ") stated in Exhibit A of the IPS Service Agreement with Shipper, provided that all higher priority service nominations for injection park have been satisfied, that Shipper's Park Quantity is less than the Maximum Park Quantity set forth in Exhibit A of the IPS Service Agreement, and Shipper delivers the nominated quantity plus fuel reimbursement to the Point(s) of Receipt located on Boardwalk Storage's system, provided Shipper's Park Balance has not exceeded ShipperXxxxxxx's Maximum Park Quantity; (ii) The storage of gas in amounts up to Shipper's Maximum Park Quantity provided that all high priority service storage needs have been satisfied; and (iii) The daily withdrawal and delivery of Xxxxxxx's gas per Xxxxxxx's nomination to the Point(s) of Delivery located on Boardwalk Storage's system up to Shipper's Maximum Daily Withdrawal Unpark Quantity ("MDUQMDWQMDUQ") stated in Exhibit A of the IPS Service Agreement with Shipper, provided that all high priority service nominations for withdrawal unpark have been satisfied, and that Shipper has sufficient gas stored in Shipper's Park Balance. 2.2 To the extent storage capacity which is being utilized by an interruptible Shipper hereunder is needed by Boardwalk Storage in order to satisfy Boardwalk Storage's obligations to higher priority services, Boardwalk Storage shall require Shipper to withdraw unpark all, or any portion of, the IPS gas quantities held in storage by Boardwalk Storage for the account of Shipper as specified by Boardwalk Storage. Unless Boardwalk Storage otherwise agrees, Xxxxxxx shall be required to make ratable unparkswithdrawalsunparks. If Shipper Xxxxxxx fails to withdraw unpark such IPS Park Balance, then Boardwalk Storage may take, free and clear of any adverse claims, title to such IPS Park Balance as Shipper was instructed to unparkwithdrawunpark. Boardwalk Storage's notice to Shipper may be given verbally, but shall be confirmed in writing via e-mail or facsimile to the customer. In the event that Boardwalk Storage retains and takes title to any of Xxxxxxx's gas pursuant to this section, Boardwalk Storage shall dispose of such gas by auction and shall credit the net proceeds received from such auction in accordance with the provisions of Section 6.17 of the General Terms and Conditions of this FERC NGA Gas Tariff. 2.3 Shipper shall be permitted to combine the Interruptible parkinjectionpark, storage, or withdrawal unpark and delivery of gas available under this Rate Schedule with any service available under any other Rate Schedule set forth in this FERC NGA Gas Tariff; provided, however, such combined services shall be subject to Section 6.12 of the General Terms and Conditions of this FERC NGA Gas Tariff; and, provided, further, that priority for each such service shall be determined by the respective priority of that service as set forth in Section 6.12 of the General Terms and Conditions of this FERC NGA Gas Tariff.

APPLICABILITY AND CHARACTER OF SERVICE. 2.1 This Rate Schedule shall apply to all IPS ILS service rendered by Boardwalk Storage to Shipper at Boardwalk Storage's facilities located in Iberville Parish, Louisiana pursuant to an executed IPS ILS Service Agreement. (a) IPS 2.2 ILS service rendered by Boardwalk Storage to Shipper under this Rate Schedule shall consist of the parkadvancement to Shipper, storageupon nomination and subsequent confirmation, and unpark and delivery of daily quantities of gas in storage up to Shipper's gas, on an interruptible basis, by Boardwalk Storage. Service under this Rate Schedule includes: (i) The daily park of Shipper's gas per Shipper's nomination up to the Maximum Daily Park Loan Quantity ("MDPQMDLQ") stated in Exhibit A of the IPS ILS Service Agreement with Shipper, provided that all higher priority service nominations for park loan have been satisfied, that Shipper's Park Quantity is less than satisfied and system needs allow. Xxxxxxx agrees to replace the Maximum Park Quantity borrowed quantities of gas to Boardwalk Storage at a time to be agreed upon as set forth in Exhibit A of the IPS ILS Service Agreement. If Shipper fails to replace or replenish gas advanced by Boardwalk Storage to Shipper under this Rate Schedule at the agreed upon time, Boardwalk Storage may purchase replacement gas and Shipper shall pay Boardwalk Storage the cost of the replacement gas, which includes the actual cost of replacement supplies and any costs or penalties incurred by Boardwalk Storage or its Shippers as a result of Shipper's failure to deliver replacement gas, plus all other costs incurred by Boardwalk Storage to secure such replacement gas, including to, third-party marketing fees, transportation by third-party pipeline companies, and Shipper delivers the nominated quantity plus fuel reimbursement to the Point(s) of Receipt located on Boardwalk Storage's system, provided Shipper's Park Balance has not exceeded Shipper's Maximum Park Quantity; (ii) The storage of gas in amounts up to Shipper's Maximum Park Quantity provided that all high priority service storage needs have been satisfied; and (iii) The daily withdrawal and delivery of Xxxxxxx's gas per Xxxxxxx's nomination to the Point(s) of Delivery located on Boardwalk Storage's system up to Shipper's Maximum Daily Unpark Quantity ("MDUQ") stated in Exhibit A of the IPS Service Agreement with Shipper, provided that all high priority service nominations other costs for unpark have been satisfied, and that Shipper has sufficient gas stored in Shipper's Park Balancesecuring replacement gas. 2.2 2.3 To the extent storage capacity gas which is being utilized by advanced to an interruptible Shipper hereunder is needed by Boardwalk Storage in order to satisfy Boardwalk Storage's obligations to higher priority servicesservices or to meet system needs, Boardwalk Storage shall may at its sole discretion and upon giving notice to Shipper, interrupt the continuation of any or all services hereunder and require Shipper to unpark replace or replenish all, or any portion ofportion, of the IPS ILS gas quantities held in storage borrowed by Boardwalk Storage for the account of Shipper as specified by Boardwalk StorageXxxxxxx at a time to be agreed upon. Unless Boardwalk Storage otherwise agrees, Xxxxxxx shall be required to make ratable unparksloan paybacks. If Shipper fails to unpark such IPS Park Balancereplace or replenish borrowed gas to Boardwalk Storage at the agreed upon time, then Boardwalk Storage may takepurchase replacement gas and Shipper shall pay Boardwalk Storage the cost of the replacement gas, free which includes the actual cost of replacement supplies and clear any costs or penalties incurred by Boardwalk Storage or its Shippers as a result of any adverse claimsShipper's failure to deliver replacement gas, title plus all other costs incurred by Boardwalk Storage to secure such IPS Park Balance as Shipper was instructed to unpark. Boardwalk Storage's notice to Shipper may be given verballyreplacement gas, including, but shall be confirmed in writing via enot limited to, third- party marketing fees, transportation by third-mail or facsimile to the customer. In the event that Boardwalk Storage retains party pipeline companies, and takes title to any of Xxxxxxx's gas pursuant to this section, Boardwalk Storage shall dispose of such gas by auction and shall credit the net proceeds received from such auction in accordance with the provisions of Section 6.17 of the General Terms and Conditions of this FERC NGA Gas Tariffall other costs for securing replacement gas. 2.3 2.4 Shipper shall be permitted to combine the Interruptible park, storage, or unpark and delivery of gas ILS service available under this Rate Schedule with any service available under any other Rate Schedule set forth in this FERC NGA Gas Tariff; provided, however, such combined services shall be subject to Section 6.12 of the General Terms and Conditions of this FERC NGA Gas Tariff; and, provided, further, that priority for each such service shall be determined by the respective priority of that service as set forth in Section 6.12 of the General Terms and Conditions of this FERC NGA Gas Tariff.

APPLICABILITY AND CHARACTER OF SERVICE. 2.1 This Rate Schedule shall apply to all IPS ILS service rendered by Boardwalk Storage to Shipper at Boardwalk Storage's facilities located in Iberville Parish, Louisiana pursuant to an executed IPS ILS Service Agreement. (a) IPS 2.2 ILS service rendered by Boardwalk Storage to Shipper under this Rate Schedule shall consist of the parkadvancement to Shipper, storageupon nomination and subsequent confirmation, and unpark and delivery of daily quantities of gas in storage up to Shipper's gas, on an interruptible basis, by Boardwalk Storage. Service under this Rate Schedule includes: (i) The daily park of Shipper's gas per Shipper's nomination up to the Maximum Daily Park Withdrawal Loan Quantity ("MDPQMDWQMDLQ") stated in Exhibit A of the IPS ILS Service Agreement with Shipper, provided that all higher priority service nominations for park withdrawal loan have been satisfied, that Shipper's Park Quantity is less than satisfied and system needs allow. Xxxxxxx agrees to replace the Maximum Park Quantity borrowed quantities of gas to Boardwalk Storage at a time to be agreed upon as set forth in Exhibit A of the IPS ILS Service Agreement. If Shipper fails to replace or replenish gas advanced by Boardwalk Storage to Shipper under this Rate Schedule at the agreed upon time, Boardwalk Storage may purchase replacement gas and Shipper shall pay Boardwalk Storage the cost of the replacement gas, which includes the actual cost of replacement supplies and any costs or penalties incurred by Boardwalk Storage or its Shippers as a result of Shipper's failure to deliver replacement gas, plus all other costs incurred by Boardwalk Storage to secure such replacement gas, including to, third-party marketing fees, transportation by third-party pipeline companies, and Shipper delivers the nominated quantity plus fuel reimbursement to the Point(s) of Receipt located on Boardwalk Storage's system, provided Shipper's Park Balance has not exceeded Shipper's Maximum Park Quantity; (ii) The storage of gas in amounts up to Shipper's Maximum Park Quantity provided that all high priority service storage needs have been satisfied; and (iii) The daily withdrawal and delivery of Xxxxxxx's gas per Xxxxxxx's nomination to the Point(s) of Delivery located on Boardwalk Storage's system up to Shipper's Maximum Daily Unpark Quantity ("MDUQ") stated in Exhibit A of the IPS Service Agreement with Shipper, provided that all high priority service nominations other costs for unpark have been satisfied, and that Shipper has sufficient gas stored in Shipper's Park Balancesecuring replacement gas. 2.2 2.3 To the extent storage capacity gas which is being utilized by advanced to an interruptible Shipper hereunder is needed by Boardwalk Storage in order to satisfy Boardwalk Storage's obligations to higher priority servicesservices or to meet system needs, Boardwalk Storage shall may at its sole discretion and upon giving notice to Shipper, interrupt the continuation of any or all services hereunder and require Shipper to unpark replace or replenish all, or any portion ofportion, of the IPS ILS gas quantities held in storage borrowed by Boardwalk Storage for the account of Shipper as specified by Boardwalk Storageat a time to be agreed upon. Unless Boardwalk Storage otherwise agrees, Xxxxxxx shall be required to make ratable unparksinjectionsloan paybacks. If Shipper fails to unpark such IPS Park Balancereplace or replenish borrowed gas to Boardwalk Storage at the agreed upon time, then Boardwalk Storage may takepurchase replacement gas and Shipper shall pay Boardwalk Storage the cost of the replacement gas, free which includes the actual cost of replacement supplies and clear any costs or penalties incurred by Boardwalk Storage or its Shippers as a result of any adverse claimsShipper's failure to deliver replacement gas, title plus all other costs incurred by Boardwalk Storage to secure such IPS Park Balance as Shipper was instructed to unpark. Boardwalk Storage's notice to Shipper may be given verballyreplacement gas, including, but shall be confirmed in writing via enot limited to, third- party marketing fees, transportation by third-mail or facsimile to the customer. In the event that Boardwalk Storage retains party pipeline companies, and takes title to any of Xxxxxxx's gas pursuant to this section, Boardwalk Storage shall dispose of such gas by auction and shall credit the net proceeds received from such auction in accordance with the provisions of Section 6.17 of the General Terms and Conditions of this FERC NGA Gas Tariffall other costs for securing replacement gas. 2.3 2.4 Shipper shall be permitted to combine the Interruptible park, storage, or unpark and delivery of gas ILS service available under this Rate Schedule with any service available under any other Rate Schedule set forth in this FERC NGA Gas Tariff; provided, however, such combined services shall be subject to Section 6.12 of the General Terms and Conditions of this FERC NGA Gas Tariff; and, provided, further, that priority for each such service shall be determined by the respective priority of that service as set forth in Section 6.12 of the General Terms and Conditions of this FERC NGA Gas Tariff.