American Midstream (AlaTenn), LLC
Fifth Revised Volume No. 1
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Effective Date: 05/01/2010, Docket: RP10-493-000, Status: Effective
Original Sheet No. 157 Original Sheet No. 157
GENERAL TERMS AND CONDITIONS (continued)
Prior period adjustment time limits, excluding governmental required rate
changes, should be six
(6)
Months from the date of the initial transportation invoice to which the error
pertains, unless (i) the
Parties
mutually agree otherwise, or (ii) the claimed error is the result of a deliberate
omission or
misrepresentation by either party or a mutual mistake of fact. In all instances in
which a claim
for
adjustment is made, the Shipper or Transporter, as applicable shall have a 3
Month rebuttal
period.
Parties' other statutory or contractual rights shall not otherwise be diminished by
this standard.
7. POSSESSION OF GAS
Unless otherwise provided in the transportation contract or applicable Rate
Schedule, as
between
Transporter and Shipper, Shipper shall be deemed to be in exclusive control and
possession of
the gas
to be transported (i) prior to receipt by Transporter at the Receipt Point(s), and (ii)
after delivery
by
Transporter at the Delivery Point(s); otherwise, Transporter shall be in exclusive
control and
possession
of the gas. The Party which shall be in exclusive control and possession of the
gas shall be
responsible
for all injury or damage caused thereby to any third party. In the absence of
negligence or willful
misconduct on the part of Transporter, Shipper waives any and all claims and
demands against
Transporter, its officers, employees or agents, arising out of or in any way
connected with (i) the
quality,
use or condition of the gas after delivery from Transporter for the account of such
Shipper, (ii)
any
losses or shrinkage of gas during or resulting from transportation hereunder, and
(iii) all other
claims and
demands arising out of Transporter's performance of its duties hereunder. In any
event,
Transporter's
shall not be liable for any damages hereunder other than compensatory damages.
8. PRESSURES
Unless otherwise provided in the applicable Rate Schedule, or executed Service
Contract, this
Section 8
shall apply to all Transportation Service.