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MIGC LLC'S ("TRANSPORTING PIPELINE") TARIFF SHALL GOVERN THE FOLLOWING PROVISIONS. IN THE EVENT OF A CONFLICT BETWEEN TRANSPORTING PIPELINE'S TARIFF AND THE PROVISIONS, TRANSPORTING PIPELINE'S TARIFF WILL APPLY, AND THE PROVISIONS SHALL BE INTERPRETED CONSISTENT WITH FERC POLICY
CAPACITY RELEASE TO REPLACEMENT SHIPPERS:
1. ALL RELEASES FROM BLACK HILLS SERVICE COMPANY, LLC D/B/A BLACK HILLS ENERGY ("COMPANY") TO CHOICE GAS PROGRAM SUPPLIER ("REPLACEMENT SHIPPER") ARE RECALLABLE AT ANY TIME BY THE COMPANY
2. REPLACEMENT SHIPPER SHALL NOT RE-RELEASE CAPACITY AT ANY TIME
3. ALL RULES, REGULATIONS AND OBLIGATIONS OF CAPACITY RELEASE, AS DETAILED IN TRANSPORTING PIPELINE'S CURRENTLY EFFECTIVE TARIFF SHALL APPLY TO ALL REPLACEMENT SHIPPERS; QUESTIONS REGARDING THE CAPACITY RELEASE PROVISIONS IN TRANSPORTING PIPELINE'S TARIFF MUST BE DIRECTED TO THE REPLACEMENT SHIPPER'S RESPECTIVE TRANSPORTING PIPELINE REPRESENTATIVE.
4. REPLACEMENT SHIPPERS SHALL NOT ALTER OR MODIFY RELEASED IN ANY WAY, INCLUDING BUT NOT LIMITED TO CHANGES TO PRIMARY RECEIPT AND/OR DELIVERY POINT(S).
5. REPLACEMENT SHIPPER SHALL BE RESPONSIBLE FOR PAYING TRANSPORTER AND SHALL HOLD COMPANY HARMLESS FOR THE PAYMENT OF TRANSPORTING PIPELINE'S CHARGES, RELATED SURCHARGES, AND ANY PENALTIES OR IMBALANCE CORRECTION COSTS ASSOCIATED WITH THE ASSIGNED CAPACITY DIRECTLY ATTRIBUTABLE TO THE REPLACEMENT SHIPPER.
6. IN THE EVENT OF FAILURE BY THE REPLACEMENT SHIPPER TO PAY ITS INVOICE TO THE TRANSPORTING PIPELINE, REPLACEMENT SHIPPER SHALL BE LIABLE TO COMPANY IF COMPANY RECEIVES AN INVOICE FROM THE TRANSPORTING PIPELINE FOR PAYMENT DUE FROM OR OTHERWISE ATTRIBUTABLE TO THE REPLACEMENT SHIPPER. IN SUCH CASES, THE REPLACEMENT SHIPPER SHALL BE LIABLE TO THE TRANSPORTING PIPELINE AND WILL INDEMNIFY COMPANY FOR ANY PAYMENTS DUE, PLUS AND INTEREST, PENALTY, OR OTHER FEE CHARGED TO COMPANY AS A RESULT OF REPLACEMENT SHIPPER'S FAILURE TO MAKE PAYMENT TO TRANSPORTING PIPELINE.
7. FAILURE BY REPLACEMENT SHIPPER TO ADHERE TO ANY OF THE PROVISIONS OF CAPACITY RELEASE MAY RESULT IN THE IMMEDIATE RECALL OF CAPACITY BY COMPANY FROM THE REPLACEMENT SHIPPER(S). IN ADDITION TO RECALL OF THE CAPACITY, ANY AND ALL LIABILITY RESULTING FROM THIS INTERSTATE PIPELINE CAPACITY RECALL SHALL BE THE SOLE RESPONSIBILITY OF THE REPLACEMENT SHIPPER. REPLACEMENT SHIPPER SHALL ALSO INDEMNIFY FROM AND MAKE COMPANY WHOLE FOR ANY AND ALL COSTS, FEES, PENALTIES, DAMAGES OR OTHER AMOUNTS, INCLUDING ATTORNEY FEES, PAID BY COMPANY BUT ARISING OUT OF THE ACTIONS, OMISSIONS, NEGLIGENCE, WILLFUL MISCONDUCT, OR BREACH OF THESE PROVISIONS OR OTHER FAILURES OF THE REPLACEMENT SHIPPER. IN NO WAY SHALL THE COMPANY BE RESPONSIBLE FOR ANY COSTS OR DAMAGES, INCLUDING BUT NOT LIMITED TO CHARGES, FEES, ATTORNEY'S FEES, REPLACEMENT FEES, OR MARGIN THAT MAY RESULT FROM THE CAPACITY RELEASE, OR INTERSTATE PIPELINE CAPACITY RECALL RELATED TO REPLACEMENT SHIPPER'S DEFAULT OF THESE PROVISIONS.
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