Rockies Express Pipeline LLC (Entrega)

Second Revised Volume No. 1

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Effective Date: 09/01/2007, Docket: CP06-354-002, Status: Effective

Original Sheet No. 140 Original Sheet No. 140 : Effective

 

GENERAL TERMS AND CONDITIONS

 

7. NOMINATIONS, CONFIRMATIONS, BALANCING, SEGMENTATION, DISCOUNT POLICY AND

RESERVATION CHARGE CREDITS (Contd.)

7.14 RESERVATION CHARGE CREDITS (Contd.)

 

D. Transporter shall not be obligated to adjust the Reservation

Charge under any contract pursuant to this Section 7.14,

when Transporter's failure to confirm Nominations on any Day

equal to at least 98% of the Firm Daily Quantity:

 

i. is the result of the conduct of Shipper or the

upstream or downstream operator of the facilities at

the Receipt or Delivery Point respectively; or

 

ii. occurs either (a) within ten (10) Days following a

force majeure event as contemplated by Section 21.1 of

these General Terms and Conditions, or (b) prior to

the date Transporter has or should have, in the

exercise of due diligence, overcome the force majeure

event, whichever occurs first.

 

E. Any adjustment shall be credited against transportation

charges for a future Month or refunded if the Transportation

Service Agreement has terminated. In no event shall such

credit be provided to Shippers later than 90 Days after the

Month in which the credit was earned. Nothing in this

Section should be interpreted to insulate Transporter from

liability for direct damages resulting from its own

negligence or malfeasance.