Michigan Gas Storage Company
First Revised Volume No 1
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Effective Date: 11/01/1993, Docket: RS92- 7-001, Status: Effective
Original Sheet No. 42 Original Sheet No. 42 : Superseded
GENERAL TERMS AND CONDITIONS
(continued)
Quantity, Transporter will, in good faith, attempt to
transport the same, but in the event any such excess
delivery would jeopardize the safety of Transporter's
operations and/or its ability to meet its contract
commitments to others, such decisions being solely within
the judgement and discretion of Transporter, Transporter
shall have the right to refuse to deliver, without any
liability on the part of Transporter to Shipper or any
other person, all or such part of said excess delivery as
Transporter, in its sole judgement and discretion, deems
necessary, and shall notify Shipper accordingly.
(b) Should the quantities of gas injected into or
withdrawn from storage exceed the MSQ, MDIQ, or MDWQ, MGS
will, in good faith, attempt to provide the service
requested, but in the event any such excess service would
jeopardize the safety of MGS's operations and/or its
ability to meet its contract commitments to others, such
decisions being solely within the judgement and
discretion of MGS, MGS shall have the right to deny,
without any liability on the part of MGS to Shipper or
any other person, all or such part of said excess service
as MGS, in its sole judgement and discretion, deems
necessary, and shall notify Shipper accordingly.
3.8 Adjustments to Equivalent Quantities
Following receipt of Monthly statements, the parties
shall adjust the receipts and deliveries of Gas within
sixty (60) Days if practicable, to balance any excess or
deficiency. In the event the quantities of Gas received
and delivered are not in balance at the end of the term
of the Agreement, then such balance shall be achieved
within sixty (60) Days by extending receipts or
deliveries as applicable at the appropriate Point of
Receipt or Point of Delivery until such balance is
achieved or by such other method as is then mutually
agreed upon by the parties hereto. To the extent that
the monthly imbalance exceeds five (5)% of actual
deliveries the balancing provisions of Rate Schedules FT
and IT may be invoked.
3.9 Pressure at Point of Receipt
Shipper shall cause the Gas to be delivered at the Point
of Receipt at a pressure sufficient to allow the Gas to
enter Transporter's existing pipeline system.
3.10 Pressure at Point of Delivery
Transporter shall redeliver the Gas to Shipper at the
Point of Delivery hereunder at its prevailing line
pressure as such may vary from time to time.
3.11 Limitation of Service
MGS shall not be required to perform service under the
Agreement on behalf of any party that fails to comply
with any and all of the terms of the Agreement and with
these General Terms and Conditions, provided that if
service has already begun, Transporter may terminate the
service after any necessary authorizations by any
regulatory bodies having jurisdiction.