Liberty Gas Storage, LLC

Original Volume No. 1

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Effective Date: 04/15/2007, Docket: RP07-357-000, Status: Effective

Original Sheet No. 127 Original Sheet No. 127 : Effective

 

GENERAL TERMS AND CONDITIONS

(j) Liability of Liberty : Liberty shall not be liable for any costs

incurred by any Customer or point operator in complying with an Action Alert or

OFO. Liberty shall not be responsible for any damages that result from any

interruption in service that is a result of a Customer's or point operator's

failure to comply promptly and fully with an Action Alert or OFO, and the

non-complying Customer or point operator shall indemnify Liberty against any

claims of responsibility. However, Liberty shall use reasonable efforts to

minimize any such costs or damages.

(k) Unilateral Action: In the event that (l) Customer(s) or point

operator(s) does (do) not respond to an OFO, or (2) the actions taken

thereunder are insufficient to correct the system problem for which the OFO was

issued, or (3) there is insufficient time to carry out the procedures with

respect to OFOs, Liberty may take unilateral action, including the curtailment

of firm service, to maintain the operational integrity of Liberty's system.

For purposes of this Section, the operational integrity of Liberty's system

shall encompass the integrity of the physical system and the preservation of

physical assets and their performance, the overall operating performance, the

overall operating performance of the entire physical system, as an entity, and

the maintenance (on a reliable and operationally sound basis) of total system

deliverability and the quality of Gas delivered.