Central New York Oil And Gas Company, LLC

Original Volume No. 1

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Effective Date: 10/01/2002, Docket: RP02-480-000, Status: Effective

First Revised Sheet No. 107 First Revised Sheet No. 107 : Effective

Superseding: Original Sheet No. 107

GENERAL TERMS AND CONDITIONS (continued)

 

by NAESB or other mutually agreed

communication methodologies used to transmit and

receive information, including communication by

telephone). Seller shall post and provide

Customers with updated information concerning the

status of operational variables related to the OFO

as soon as it is available. Each OFO will contain

the following provisions:

 

(a) time and date of issuance;

 

(b) time that the OFO is considered to be

effective (if no time is specified, the OFO

shall be effective immediately);

 

(c) duration of the OFO (if none is

specified, the OFO will be effective until

further notice);

 

(d) the party or parties receiving the OFO;

 

(e) the quantity of Gas required to remedy

the operational condition requiring the

issuance of the OFO; and

 

(f) any other terms Seller may reasonably

require to ensure the effectiveness of the

OFO.

 

16.6 Failure to Comply with OFO. If Customer or

agent fails to comply with the terms of an OFO,

for any reason other than force majeure on an

upstream or downstream pipeline, such Customer

shall be: (a) liable for any damages including,

but not limited to direct, consequential,

exemplary or punitive damages incurred by Seller

or any other affected party as a result of such

failure. Notwithstanding anything to the contrary

in this Section 16.6, if Customer is required to

make a nomination pursuant to an OFO, unless

critical circumstances dictate otherwise, no

damages and/or penalties will be assessed unless

Customer is given the opportunity to correct the

circumstances giving rise to the OFO.

 

16.7 Seller's Liability for OFOs. Seller shall

not be liable to any person for any costs, damages

or other liability associated with the issuance

of, or the failure to issue, any OFOs, provided,

however, Seller shall be liable for acts of

negligence or undue discrimination, such standards

to be judged in light of the emergency conditions

under which OFOs are issued.