Equitrans, L. P.
Original Volume No. 1
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Effective Date: 11/19/1998, Docket: CP96-532-001, Status: Effective
Original Sheet No. 214 Original Sheet No. 214 : Effective
GENERAL TERMS AND CONDITIONS (Continued)
Equitrans may accept natural gas which differs from the quality
specifications set forth above until such time as Equitrans, in its
reasonable discretion and judgment, determines that natural gas
received for transportation must conform to the quality
specifications set forth above to maintain desired standards in
and/or prudent operation of Equitrans' system. Upon such a
determination, Equitrans will notify Customer that all prospective
deliveries must comply with the quality specifications set forth
above or the provisions of Section 4.2 below shall be applicable to
all natural gas tendered for transportation which does not so
comply. Equitrans will not permit deviation from the quality
standards set forth above if such deviation will adversely impact
the quality of service to any other customer.
4.2 If, at any time, gas tendered by Customer for transportation or by
Equitrans after transportation shall fail to substantially conform
to any of the applicable quality specifications and Equitrans
notifies the delivering party of such deficiency and the delivering
party fails to remedy any such deficiency within a reasonable period
of time, Equitrans may, at its option, refuse to accept delivery
pending correction of the deficiency by the delivering party. In the
alternative Equitrans may continue to accept delivery and make such
changes necessary to cause the gas to conform to such specifications,
in which event the delivering party shall reimburse Equitrans for all
reasonable expenses incurred by Equitrans in effecting such changes.
Failure by either Equitrans or Customer to tender deliveries that
conform to any of the applicable quality specifications shall not be
construed to eliminate, or limit in any manner, the rights and
obligations existing under any other provisions of the executed
Transportation Service Agreement and shall not limit Equitrans' right
to refuse to accept deliveries from any Shipper that fail to conform
to applicable quality specifications at any time.
4.3 In the event that Equitrans' acceptance of gas which does not comply
with the quality standards contained herein results in the diminution
in quality, quantity, or economic value of gas transported for
others, Customer who injects or causes to be injected such gas into
Equitrans' system shall be liable for any damage caused thereby, and
such Customer shall indemnify and hold Equitrans harmless from any
damage caused thereby; provided, however, that Customer shall not be
obligated to indemnify Equitrans from any damage resulting from
Equitrans' negligence or willful misconduct in handling the gas
tendered for delivery. In no event shall any other Customer be held
liable for any damage to Equitrans' system caused by the acceptance
of gas which does not comply with the quality standards contained
herein.