Kinder Morgan Illinois Pipeline LLC
Original Volume No. 1
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Effective Date: 12/01/2007, Docket: RP08- 34-000, Status: Effective
Original Sheet No. 138 Original Sheet No. 138 : Effective
GENERAL TERMS AND CONDITIONS
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Agreements delivering gas at the point, but any such request must
include a consent by the physical point operator and other entities
which could receive an allocation of gas under such agreement and
is subject to review by KMIP as to its practicability.
8.4 FAILURE TO DELIVER GAS
(a) To the extent that KMIP is not able to deliver at
least 98% of the service levels nominated within Shipper's MDQ by
Shipper at its primary points, Shipper shall not be liable for
reservation charges for those volumes, up to 98% of its MDQ, which
it nominated but which KMIP was not able to provide; provided, if
KMIP's inability to provide service as contemplated herein was the
result of a properly noticed Force Majeure event, described in
Section 20 of these General Terms and Conditions, event the
reduction of Shipper's reservation charges shall not begin until
the earlier of: (a) ten (10) Days after the commencement of the
interruption of service caused by the Force Majeure event, and (b)
the date on which such Force Majeure event should have been cured
by KMIP, using its reasonable efforts; provided, further, that
Shipper shall not be entitled to reservation charges reduction if
KMIP's inability to provide service as contemplated herein has
occurred as a result of a failure by upstream entities to deliver
gas to KMIP or of an inability of a downstream entity to accept gas
from KMIP.
(b) KMIP (1) shall exercise reasonable diligence to
schedule maintenance so as to minimize or avoid service
interruptions and (2) shall not schedule routine, non-emergency
maintenance except during the period between April 1 and December
1, which action shall not be an excuse of performance or event as
defined under this section. No later than fifteen days prior to
the scheduled activity, KMIP will post on the Informational
Postings portion of its Interactive Website a tentative schedule of
planned maintenance, construction, test, rehabilitation or repair
activities to be performed which KMIP anticipates may cause to fail
to tender delivery of Shipper's scheduled quantities of gas. The
schedule will include the dates the activities are scheduled to
begin and end as well as the portions of the system and capacity
expected to be affected. KMIP will endeavor to perform the
activities in accordance with the posted schedule.