Destin Pipeline Company, L.L.C.

Original Volume No. 1

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Effective Date: 09/01/1998, Docket: CP96-655-003, Status: Effective

Original Sheet No. 130 Original Sheet No. 130 : Effective

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

Section 25.5 (continued)

 

decrease below the firm contract pressure, COMPANY may issue an OFO

pursuant to this subsection requiring that all SHIPPERS adjust the

gas quantities or adjust the nominations at the Receipt and Delivery

Points under all transportation Service Agreements to be in balance

(adjusted for FRP) effective the earliest opportunity that SHIPPERS

have in their control to affect gas quantities at either Receipt

Points or Delivery Points. COMPANY shall use all available

opportunities in its control to affect gas quantities at either

Receipt Points or Delivery Points in support of SHIPPER's actions

pursuant to the OFO and to mitigate the adverse effects on COMPANY's

facilities.

 

(a) COMPANY may issue, on a nondiscriminatory basis, such

reasonable OFOs as may be required for the purposes set forth

in Section 25.1 herein.

 

(b) Compliance with the OFOs and the other terms and conditions

of COMPANY's FERC Gas Tariff is essential to COMPANY's

ability to provide deliveries and services under all Rate

Schedules. A failure by one or more SHIPPERS to comply with

an OFO may affect COMPANY's ability to provide such

deliveries and services. In such event and in addition to

other provisions hereof and not in lieu of any other remedies

available in law or at equity, COMPANY will, except to the

extent COMPANY's inability to provide such deliveries and

services arose from the COMPANY's gross negligence, or undue

discrimination or intentional or willful misconduct, have no

liability or responsibility for its inability to provide

deliveries and services and SHIPPER(S), shall indemnify and

hold COMPANY harmless from any claims brought by a third

party against COMPANY arising from such failure except that