EXCESS CAPACITY IN A MANNER THAT IS IN FULL COMPLIANCE
WITH ALL APPLICABLE LAWS INCLUDING ANY APPLICABLE FERC REGULATIONS, (B) PARTY A
SHALL NOT BE OBLIGATED TO RELEASE ANY SUCH EXCESS CAPACITY FOR A TERM OF LESS
THAN A FULL MONTH, AND (C) PARTY A SHALL NOT BE OBLIGATED TO RELEASE ANY
CAPACITY IF IT REASONABLY BELIEVES THAT SUCH CAPACITY WILL BE REQUIRED TO SERVE
PARTY B'S CUSTOMER LOAD.
PARTY A SHALL ENABLE PARTY B TO REALIZE, THROUGH
SET-OFFS OR OTHERWISE, THE VALUE OF ANY PIPELINE CREDITS THAT ACCRUE TO PARTY
A'S ACCOUNT IN RESPECT OF ANY SUCH RELEASES MADE IN ACCORDANCE WITH THE
FOREGOING.
PRIOR TO RELEASING ANY CAPACITY IN ACCORDANCE WITH THE FOREGOING,
PARTY A SHALL HAVE THE RIGHT TO MATCH THE MARKET PRICE OFFERED BY A THIRD PARTY
FOR SUCH CAPACITY
31
AND TO PURCHASE SUCH CAPACITY FOR ITS OWN ACCOUNT.
IN THE EVENT OF ANY SUCH
PURCHASE OF CAPACITY
BY PARTY A, PARTY B WILL NOT BE ENTITLED TO ANY PIPELINE
CREDITS THAT ACCRUE TO PARTY A IN CONNECTION WITH SUCH PURCHASED CAPACITY.
PARTY A SHALL HAVE THE RIGHT TO UTILIZE ANY PIPELINE CAPACITY THAT IS NOT USED
TO SERVE PARTY B'S CUSTOMER LOAD AND THAT HAS NOT BEEN RELEASED TO A THIRD PARTY
IN ACCORDANCE WITH THIS PART 8(B)(IV).
PRIOR TO PARTY A'S EXERCISE OF ITS RIGHT
TO UTILIZE ANY SUCH CAPACITY, PARTY A AND PARTY B WILL MUTUALLY AGREE TO A PRICE
TO BE PAID TO PARTY B FOR SUCH CAPACITY UTILIZATION.
(V)
AT PARTY B'S DIRECTION, PARTY A SHALL USE
ITS COMMERCIALLY REASONABLE EFFORTS TO ACQUIRE TRANSPORTATION CAPACITY AT DEMAND
CHARGES THAT ARE MUTUALLY AGREED BY PARTY A, PARTY B AND THE RELEVANT
TRANSPORTER.
PART 9.
PAYMENT TERMS; FINANCING FEES; THIRD PARTY CREDIT SUPPORT FEES
(A)
GAS PAYMENTS.
NOTWITHSTANDING ANY
PROVISION HEREIN TO THE CONTRARY, INCLUDING CLAUSES (F)(I) AND F(II) OF THE GAS
ANNEX, PARTY A SHALL DELIVER AN INVOICE TO PARTY B FOR GAS ON OR ABOUT THE 10TH
CALENDAR DAY OF EACH MONTH BEGINNING IN THE MONTH IMMEDIATELY SUCCEEDING THE
MONTH OF COMMENCEMENT OF THE TERM OF THIS AGREEMENT.
EACH SUCH INVOICE SHALL
ITEMIZE ALL AMOUNTS OWED BY PARTY B FOR GAS DELIVERED AND RECEIVED DURING THE
PREVIOUS MONTH AND ALL OTHER AMOUNTS DUE TO PARTY A UNDER THIS AGREEMENT THAT
HAVE ACCRUED IN THE PREVIOUS MONTH; PROVIDED, HOWEVER, THAT ANY FAILURE BY PARTY
A TO DELIVER AN INVOICE TO PARTY B SHALL NOT IN ANY WAY AFFECT PARTY B'S
OBLIGATION TO PAY SUCH AMOUNTS OR THE DUE DATE FOR THE PAYMENT OF SUCH AMOUNTS.
IF THE ACTUAL QUANTITY OF GAS DELIVERED IS NOT KNOWN BY THE INVOICE DATE, THE
INVOICE WILL BE PREPARED BASED ON THE QUANTITY OF GAS THAT WAS SCHEDULED FOR
DELIVERY IN SUCH MONTH.
THE INVOICED QUANTITY WILL THEN BE ADJUSTED TO REFLECT
THE ACTUAL DELIVERED QUANTITY OF GAS ON THE FOLLOWING MONTH'S INVOICE OR AS SOON
THEREAFTER AS ACTUAL DELIVERY INFORMATION IS AVAILABLE. EXCEPT AS OTHERWISE
PROVIDED IN PARTS 9(B), (C), (E) AND (F), PARTY