Colorado Interstate Gas Company

First Revised Volume No. 1

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

Sixth Revised Sheet No. 380H Sixth Revised Sheet No. 380H

Superseding: Fifth Revised Sheet No. 380H

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

16.4 The following provisions apply to Rate Schedule TSB-T

 

(a) If Transporter, on any Day, fails to withdraw from Totem

Storage, and tender for delivery daily Deliver quantities

then, subject to Sections 16.4(b) and (c) below, the R1

reservation charge and any attendant surcharges for the Month

in which such Day occurs will be reduced by an amount equal

to the product of (a) the quantity of Gas Transporter failed

to Deliver (such quantity, in neither case, to exceed

Shipper's MDQ limited by Shipper's TADWQ) times (b) the rate

per Dth equal to the quotient of the applicable R1 Rate

divided by the number of days in such Month, rounded to the

nearest tenth of a cent.

 

(b) Amounts determined pursuant to Section 16.4(a) 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.

 

(c) Transporter shall not be required to make the adjustments

provided for in Section 16.4(a) if Transporter's failure to

transport Gas from Shipper or Transporter's failure to

transport Gas accepted for Transportation is 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 and Operational Flow Orders.