Colorado Interstate Gas Company

First Revised Volume No. 1

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Effective Date: 10/01/1996, Docket: RP96-190-000, Status: Effective

First Revised Sheet No. 46 First Revised Sheet No. 46 : Effective

Superseding: Original Sheet No. 46

 

RATE SCHEDULE TF-2

TRANSPORTATION SERVICE - FIRM

(Continued)

 

 

4.2 Amounts determined pursuant to Section 4.1 of this Article 4 shall

be credited against transportation charges for a future Month or

refunded if the Agreement has terminated. In no event shall such

credit be provided to Shipper later than 90 days after the month

in which the credit was earned. Such crediting shall be Shipper's

sole and exclusive remedy for Transporter's failure as described

herein unless damages incurred by Shipper are shown to be the

result of negligence or willful misconduct by Transporter. If a

court makes such a finding, then Transporter shall only be liable

for its proportionate amount of negligence.

 

4.3 No R1 Reservation charge credit shall be made with respect to any

quantity Tendered by Shipper at Secondary Point(s) of Receipt or

requested by Shipper to be Delivered at any Secondary Point(s) of

Delivery.

 

4.4 Transporter shall not be required to make the adjustments provided

for in Sections 4.1 of this Article 4 if Transporter's failure to

accept gas from Shipper or Transporter's failure to transport gas

accepted for transportation is due to Force Majeure or due to

Shipper's failure to perform in accordance with the terms of the

Agreement, including, but not limited to, the Joint Monthly

Operating Plan, Operational Flow Orders, Configuration Flow

Orders, and failure of supply, transportation, and/or market

upstream of or downstream from Transporter's pipeline system.

 

5. OVERRUN TRANSPORTATION

 

5.1 Authorized Overrun Transportation. On any Day, upon request of

Shipper and with Transporter's consent, Shipper may Tender and

Transporter may receive quantities in excess of Shipper's Maximum

Delivery Quantity or Shipper's Point of Receipt or Delivery

Quantity at each Point of Receipt or Delivery. All such

quantities shall be transported as authorized overrun gas and

shall be transported on an interruptible basis. Shipper shall pay

an amount obtained by multiplying the quantity of such overrun gas

Delivered by Transporter to Shipper or for Shipper's account at

each Point(s) of Delivery including the Point of Injection during

the Month by the Authorized Overrun Rate. The Authorized Overrun

Rate shall be agreed to by Transporter and Shipper and shall not

be less than the applicable minimum rate or more than the

applicable maximum rate as set forth on the Schedule of Rates

Sheets.