Guardian Pipeline, L.L.C.

Original Volume No. 1

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Effective Date: 08/01/2010, Docket: RP10-926-000, Status: Effective

First Revised Sheet No. 38 First Revised Sheet No. 38

Superseding: Original Sheet No. 38

 

RATE SCHEDULE OSS (Continued)

OFF-SYSTEM STORAGE SERVICE

 

 

9. IMPAIRMENT OF RECEIPTS AND DELIVERIES

9.1 Transporter shall provide service under this Rate Schedule on a

commercially reasonable efforts basis. Rate Schedule OSS is

provided through the use of off-system transportation and storage,

and in certain operational circumstances, Transporter may be

unable to provide all or part of Shipper's contracted service

hereunder. In such event, Transporter is released from all claims

and liability resulting from any failure to provide service under

this Rate Schedule including, but not limited to, any claim for

refund of charges relating to the service, except if such claims

and liabilities result from the gross negligence or willful

misconduct of Transporter.

9.2 In the event that Transporter, on any Day, is unable to receive

and/or deliver the total Scheduled Quantities of all Shippers

under any Rate Schedule of Transporter's Tariff, Transporter shall

limit receipts and/or deliveries of Natural Gas in accordance with

Section 12 of the GT&C.

9.3 Transporter will make commercially reasonable efforts to obtain

refunds of all applicable Third-Party charges in the event that

Transporter's failure to provide service pursuant to Rate

Schedule OSS is a result of the failure of Third Party. Should

any refunds be obtained by Transporter pursuant to this Section

9.3, the proceeds, net of all costs incurred by Transporter to

obtain such refunds, shall be refunded to Rate Schedule OSS

shippers.

 

9.4 The availability of a portion of Shipper's Storage Withdrawal

Quantity during the months of April through October relies on

Third Party's use of secondary receipt and delivery points on

Vector's pipeline system for the delivery of such Gas to

Transporter, and in the event nominations associated with the use

of such secondary points are denied, then the Storage Withdrawal

Quantity at Shipper's Primary Point of Delivery may be limited to

an amount that is less than Shipper's OSS MDWQ during certain

times.