Millennium Pipeline Company, L. L. C.

Original Volume No. 1

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Effective Date: 12/22/2008, Docket: CP98-150-011, Status: Effective

Original Sheet No. 139 Original Sheet No. 139

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

9.4 Third Party Arrangements. Shipper shall be responsible for making all

necessary arrangements with third parties (i) at or upstream of the point(s)

of receipt at which Shipper tenders gas to Transporter for transportation

services, and (ii) at or downstream of points of delivery at which

Transporter delivers gas for the account of Shipper. Shipper shall be

responsible for (i) insuring that any such arrangements are consistent with

the terms and conditions of the applicable Rate Schedule under which it seeks

to have Transporter transport the gas, and (ii) requiring such third parties

to confirm all of Shipper's nominations with Transporter in a form and manner

approved by Transporter. Such third-party arrangements shall be coordinated

with Transporter.

 

9.5 Service Obligation. Transporter shall not be required to perform

service under any of its Rate Schedules if any of the facilities necessary to

render the requested service do not exist or are not available including

periods during which facilities are being maintained or repaired, in which

case, interruptions of service shall be made consistent with Section 16

(Interruptions of Service) of the General Terms and Conditions. Transporter

shall not be required to construct facilities; provided, however, that

Shipper may request construction of facilities, including under the

provisions of Section 27 (Construction of Facilities) of the General Terms

and Conditions.

 

9.6 General Limitation of Transporter's Obligation. Transporter shall not

be required to perform or continue service on behalf of any Shipper that,

within 10 days after receipt of notice from Transporter, fails to comply with

any of the terms of the applicable Rate Schedule and Shipper's Service

Agreement with Transporter; provided however that Shipper's failure to comply

with the billing and payment requirements of this Tariff shall be governed by

the provisions of Section 10 (Billing and Payment) of the General Terms and

Conditions. Other provisions of such Rate Schedule notwithstanding,

Transporter shall have the right to take unilateral action to protect the

integrity of its system in the event Transporter, in its reasonable

discretion, determines that immediate or irreparable harm to Transporter's

facilities or operations will be caused by Shipper's failure to comply with

any of the terms of the applicable Rate Schedule, the terms of Shipper's

Service Agreement with Transporter, or the General Terms and Conditions of

this Tariff.