Gulf Crossing Pipeline Company LLC

Original Volume No. 1

 Contents / Previous / Next / Main Tariff Index

Effective Date: 12/20/2008, Docket: RP09-61-000, Status: Effective

Original Sheet No. 1157 Original Sheet No. 1157

GENERAL TERMS AND CONDITIONS

Section 18

(Continued)

(vi) Any other event or action including the enforcement

or suspension of any provision of this Tariff which

Gulf Crossing in its reasonable judgment believes is

necessary to preserve the operational integrity of

Gulf Crossing's pipeline system or any portion

thereof, and the maintenance of total system

deliverability, or the quality of Gas delivered. An

OFO issued pursuant to this Section shall be

terminated once the event or action that threatened

the operational integrity of the pipeline or portion

thereof has been resolved.

(c) During an OFO, if upon request by Gulf Crossing for

information that is in the sole custody of the Operator,

including but not limited to the shippers with flowing Gas,

shippers failing to produce scheduled quantities, or other

such information necessary to manage the point, and the

Operator fails to provide Gulf Crossing with such timely

and accurate information, and further, as a result of the

lack of information or inaccurate information, Gulf

Crossing either posts incorrect information or takes action

in reliance upon such inaccurate information, then the

Operator and not the affected shipper(s) shall be

responsible for any penalties imposed pursuant to Section

19.1 of these General Terms and Conditions.

(d) Any Customer failing to comply with an OFO shall be subject

to the OFO penalties described in Section 19.1 of these

General Terms and Conditions, in addition to any other

applicable penalties or damages prescribed in these General

Terms and Conditions, except (1) when Customer is prevented

from complying with the terms of an OFO by Force Majeure,

and Customer's non-compliance with an OFO due to Force

Majeure is not due to its misconduct, or (2) when Customer

has proven it took actions consistent with the information

provided pursuant to Section 18.3(b)(ii) and such

information is later determined to be incorrect. The

Customer shall be responsible for any and all damages

resulting from its failure to follow the OFO and Customer

shall hold harmless and indemnify Gulf Crossing from all

damages resulting from Customer's failure to comply with an

OFO.