Common use of Capacity Release Clause in Contracts

Capacity Release. (a) Except with respect to those agreements set forth on Schedule 7.19 listed as items 3, 4, 5, 6, 7 and 8 thereon, Seller shall use commercially reasonable efforts to release to Buyer for the remainder of the term of such agreements including any renewals of existing contracts listed as items 1, 2 and 13 (list the 2 ANR contracts and 1 DTI contract at max rate) which will be limited to the same capacity and tenor of the existing contracts the firm transportation capacity that Seller holds on the transportation systems of Dominion Transmission, Inc. (“Dominion”) and ANR Pipeline Company (“ANR”) (collectively, the “Pipelines”), under the service agreements identified on Schedule 7.19, pursuant to the capacity release provisions in the Pipelines’ FERC Gas Tariffs. Seller’s obligations in the foregoing sentence with respect to capacity on Dominion are conditioned on Buyer becoming an approved bidder pursuant to Dominion’s FERC Gas Tariff; and Seller’s obligations with respect to the capacity on ANR are conditioned on Buyer executing a Master Service Agreement with ANR. (b) With respect to those Agreements set forth on Schedule 7.19 listed as items 3, 4, 5, 6 and 7 thereon, Seller shall use commercially reasonable efforts to cause the primary firm transportation and storage capacity contract holder for such agreements to recall this capacity from Seller and release this capacity to Buyer for the remainder of the term of such agreements. Seller’s obligations in the foregoing sentence are conditioned on Buyer becoming an approved bidder pursuant to Columbia Gas Transmission Corporation (“Columbia”) FERC Gas Tariff and on the terms of that tariff.

Capacity Release. Section 7.19 of the Agreement shall be amended and restated in its entirety read as follows: (a) Except with respect to those agreements set forth on Schedule 7.19 listed as items 3, 4, 5, 6, 7 and 8 thereon, Seller shall use commercially reasonable efforts to release agreements 1, 2, 6, 7, 14, and 15 and to assign agreements 9, 10, 11, 12 and 13 to Buyer for the remainder of the term of such agreements including any renewals of existing contracts listed as items 1, 2 and 13 (list the 2 ANR contracts and 1 DTI contract at max rate) which will be limited to the same capacity and tenor of the existing contracts for the firm transportation and storage capacity that Seller holds on the transportation systems of Dominion Transmission, Inc. (“Dominion”) ), Columbia Gas Transmission Corporation (“Columbia”), and ANR Pipeline Company (“ANR”) (collectively, the “Pipelines”), under the service agreements identified on Schedule 7.19, pursuant to the capacity release and assignment provisions in the Pipelines’ FERC Gas Tariffs. Seller’s obligations in the foregoing sentence with respect to capacity on Dominion and Columbia are conditioned on Buyer becoming an approved bidder pursuant to Dominion’s and Columbia’s FERC Gas TariffTariffs; and Seller’s obligations with respect to the capacity on ANR are conditioned on Buyer executing a Master Service Agreement with ANR. (b) With respect to those Agreements set forth on Schedule 7.19 listed as items 3, 4, 5, 6 and 7 5 thereon, Seller shall use commercially reasonable efforts to cause the primary firm transportation and storage capacity contract holder for such agreements to recall this capacity from Seller and release this capacity to Buyer for the remainder of the term of such agreements. Seller’s obligations in the foregoing sentence are conditioned on Buyer becoming an approved bidder pursuant to Columbia Columbia’s FERC Gas Transmission Corporation Tariff and on the terms of that tariff. (c) With respect to the Agreement set forth on Schedule 7.19 listed as item 8 thereon, Seller shall use commercially reasonable efforts to cause the storage capacity contract holder for such agreement to transfer this capacity from Seller to Buyer for the remainder of the term of such agreement. Seller’s obligations in the foregoing sentence are conditioned on Buyer becoming an approved Full Requirements Pooling Service contract holder pursuant to Dominion East Ohio (“ColumbiaDEO”) FERC Gas Tariff and on the terms of that tariff.