Colorado Interstate Gas Company

First Revised Volume No. 1

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

Original Sheet No. 62A.05 Original Sheet No. 62A.05 : Effective

 

 

RATE SCHEDULE TF-3

STORAGE 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 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 at Point of Withdrawal 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 transportation, and/or

market 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 from Point of Withdrawal quantities in

excess of Shipper's Maximum Point of Withdrawal Quantity or

Point(s) of Delivery Quantity at each Point of 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 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.