Guardian Pipeline, L.L.C.

Original Volume No. 1

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Effective Date: 12/01/2002, Docket: RP02-534-000, Status: Effective

Original Sheet No. 209 Original Sheet No. 209 : Superseded

 

 

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

28. WAIVERS

 

28.1 Penalty Waivers

 

(a) In recognition of the fact that each penalty

provision in this Tariff is intended to promote

efficient operations by Transporter so that

service to other Shippers is not impaired in any

way, Transporter may waive any penalty charges

incurred by Shipper if Transporter determines

that Shipper was conducting its operations in a

responsible manner at the time the penalty

charges were incurred and that Shipper's conduct

did not impair service to another Shipper.

Transporter must grant waivers under this section

on a not unduly discriminatory basis, but the

waiver of any penalty charges shall not

constitute a waiver of any future penalty

charges.

 

(b) Transporter shall maintain a record of all

waivers granted under this Section 28.1 and

shall make such record available upon request to

the Commission and to any Shipper.

 

28.2 Waiver Under Tariff

 

Transporter may also waive on a not unduly

discriminatory basis any provision of the GT&C of its

Tariff, the applicable Rate Schedules, or the Service

Agreement; provided, however, that no waiver by

Transporter of any provision, condition, or requirement

therein shall be deemed to be a waiver of, or in any

manner release the Shipper from performance of any

other provision, condition, or requirement of the GT&C,

the applicable Rate Schedules, or the Service

Agreements, nor shall such waiver be deemed to be a

waiver of, or in any manner release the Shipper from

future performance of the same provision, condition, or

requirement; nor shall any delay or omission of

Transporter to exercise any right in the GT&C of its

Tariff, the applicable Rate Schedules, or the Service

Agreements, in any manner impair the exercise of any

such right or any like right accruing to Transporter

thereafter.