Nautilus Pipeline Company, LLC

Original Volume No. 1

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Effective Date: 11/02/1998, Docket: RP99- 4-000, Status: Effective

Second Revised Sheet No. 127 Second Revised Sheet No. 127 : Effective

Superseding: First Revised Sheet No. 127

GENERAL TERMS AND CONDITIONS

11.2 Change in Nominations

(a) Nominations Under Force Majeure: If

Shipper experiences an event of force majeure,

Transporter may accept, in accordance with the

Standard Nomination Cycles, in a

nondiscriminatory manner, an emergency

nomination from Shipper to be effective upon

determination and confirmation by Transporter

that, in its reasonable judgment, sufficient

capacity is available to provide the requested

service.

(b) Make-up Nominations: Transporter will

accept a nomination in accordance with the

Standard Nomination Cycles to make-up an

estimated imbalance under Section 20 hereof,

as long as the available information (e.g.,

metered volumes, estimated production reports,

or confirmed nominations) indicates that an

imbalance has been incurred, but if it is

ultimately determined that no imbalance was

incurred, Transporter will not be responsible

in any manner to Shipper for accepting its

make-up nomination.

(c) Other Nominations: Transporter may

accept in a nondiscriminatory manner a

nomination submitted by Shipper which does not

comply with the requirements of Section 11.1

if, in Transporter's reasonable judgment, the

acceptance of such nomination will not

adversely affect the timely processing by

Transporter of all other Shippers' nominations

which do comply hereunder.

 

11.3 Confirmation

Transporter shall be entitled to rely conclusively

on Shipper's nomination of the quantities to be

delivered at the Point(s) of Receipt. Shipper

shall not nominate for transportation in excess of:

(i) the volumes third-party transporter(s) or

gatherer(s) have agreed to accept for

transportation for delivery to Transporter, or (ii)

the volumes third-party Transporter(s) have agreed

to accept for delivery from Transporter, whichever

is less. Shipper shall be responsible for all

dispatching notices to third-party gatherer(s) and

transporter(s), for notifying third-party

gatherer(s) and transporter(s) of any changes in

nominations, and for insuring that third-party

gatherer(s) and transporter(s) comply with such

changes. Prior to accepting any nominations by

Shipper, Transporter may make such inquiries as it

deems necessary, including, but not limited to,

contacting the responsible dispatching party at

each