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.