American Midstream (AlaTenn), LLC

Fifth Revised Volume No. 1

 Contents / Previous / Next / Main Tariff Index

 

 

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.