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