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.