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. 133 Original Sheet No. 133 : Effective
GENERAL TERMS AND CONDITIONS
9.4 Transportation Imbalances. In the event that Liberty or Customer
delivers or causes to be delivered to Transporter at the Point(s) of Receipt or
Delivery a quantity of Gas not equal to the quantity of Gas received or taken
by Customer or Liberty, a “Transportation Imbalance” may occur. Provided that
Liberty has taken or delivered the quantity of Gas nominated by Customer and
scheduled by Transporter, Customer shall be liable for all imbalances under its
transportation agreement with Transporter. Upon notification by Customer or
Transporter that a Transportation Imbalance exists because Liberty failed to
deliver or receive the quantity of Gas nominated by Customer and scheduled by
Transporter, Liberty will endeavor to correct the Transportation Imbalance
subject to any restrictions imposed by Transporter but Liberty shall be solely
responsible and liable for any charges, penalties, costs and expenses incurred
or payable by either party as a result of the Transportation Imbalance.
Customer agrees to use its best efforts to prevent or diminish any occurrences
of imbalances.
9.5 Measurement. Customer and Liberty agree that the quantity of Gas
delivered hereunder shall be measured by Liberty in accordance with the
Transporter's pipeline tariff, and, as such, may be allowed to fluctuate within
the applicable measurement or flow tolerances on a daily and Monthly basis.
basis.
9.6 Costs and Penalties. Customer shall hold Liberty harmless for all
costs and penalties which may be assessed by Transporter under Customer's
transportation agreement with Transporter, unless the costs and penalties are
due to the negligence of Liberty. Customer and Liberty shall cooperate with
each other and with the Transporter to verify delivery and receipt of the
volumes of Gas delivered hereunder on a timely basis.
9.7 Downstream and Upstream Transportation. Customer shall be responsible
for transportation from the Point(s) of Delivery located on Liberty's system
and payment of all transportation charges relating thereto. Customer shall be
responsible for transportation to the Point(s) of Receipt located on Liberty's
system and payment of all transportation charges relating thereto.
thereto.
10. QUALITY
10.1 Specifications. The Gas delivered by either party to the other hereunder
shall meet the quality specifications of the Transporter then having the most
stringent quality specifications which receives or delivers such Gas at the
Point(s) of Receipt or Delivery located on Liberty's system, as applicable,
and, unless such Transporter's quality specifications are more stringent, shall
be of such quality that it shall meet at least the following specifications: