Colorado Interstate Gas Company

First Revised Volume No. 1

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Effective Date: 06/01/2010, Docket: RP10-689-000, Status: Effective

Third Revised Sheet No. 361 Third Revised Sheet No. 361

Superseding: Second Revised Sheet No. 361

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

11.3 continued

 

(g) Liability. Transporter shall not be liable for any costs

incurred by any Shipper in complying with an OFO (including,

but not limited to, increased Gas supply costs), in the absence

of negligence or undue discrimination by Transporter evaluated

in light of the emergency conditions under which the OFO was

issued. Transporter shall not be responsible for any damages

(direct or consequential) that result from any reduction in

Deliveries that are occasioned by any Shipper's failure to

comply promptly and fully with an OFO. The failure of any

Shipper to comply in a timely manner with an OFO may, but will

not necessarily, subject such Shipper to liability for other

Shippers whose service may be adversely affected.

 

Notwithstanding the above, a Shipper who fails to comply in a

timely fashion with an OFO shall hold Transporter harmless and

shall indemnify Transporter for any liability which may result

from or arise out of damages sustained by any other Party or

person due to the failure to comply.

 

Shipper shall not incur any charges or penalties if such

charges or penalties would not have been incurred but for

Shipper's compliance with an OFO.

 

11.4 Corrective Action by Transporter. Transporter may require Shippers

to take affirmative action such as increasing, decreasing, or

suspending receipts or Deliveries where necessary to reasonably

restore balance at any time. In normal circumstances, Transporter

will allow Shipper at least 24 hours within which to make the

required adjustments. Nonetheless, Transporter shall have the right

to require necessary adjustments to be made following at least 4

hours notice. Notwithstanding foregoing, Transporter reserves the

right where necessary to reasonably restore balance at any time to

adjust or suspend receipts or Deliveries in order to reduce any

out-of-balance conditions or to eliminate variances between

scheduled quantities and actual flows. Transporter shall give at

least 4 hours' notice prior to adjustment or suspension of service

under this provision.