ANR Pipeline Company

Second Revised Volume No. 1

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Effective Date: 02/01/2006, Docket: RP06- 92-001, Status: Effective

Sub Sixth Revised Sheet No. 150 Sub Sixth Revised Sheet No. 150 : Effective

Superseding: Fifth Revised Sheet No. 150

 

GENERAL TERMS AND CONDITIONS

(Continued)

 

 

18.16 Limited Liability. Except as otherwise provided herein,

in no event shall Shipper or Transporter be liable to the

other for special, indirect, consequential (including

loss of profits), incidental or punitive damages whether

or not such damages arise out of breach of contract,

negligence, tort, strict liability; provided, however,

unless otherwise agreed to by Transporter and Shipper,

the foregoing shall not limit Transporter's liability, if

any, to Shipper, nor Shipper's liability, if any, to

Transporter, arising out of gross negligence, willful

misconduct, or bad faith actions. Nothing herein shall

limit Transporter's liability, if any, to Shipper, nor

Shipper's liability, if any, to Transporter, for direct

damages.

 

 

19. PAPER POOLING

 

(a) Paper pooling will be effectuated, pursuant to a

Shipper's valid Agreement(s) under Rate Schedule(s) ETS,

FTS-1, FTS-2, FTS-3, FTS-4, FTS-4L, ITS and ITS-3 in

each Pooling Area.

 

(b) Paper pooling shall not relieve any Shipper from its

obligation to make valid nominations for Transportation

Service in accordance with the provisions of Section 6 of

these General Terms and Conditions.

 

(c) After Transporter has allocated Gas for Shippers according

to the provisions of Section 14 of these General Terms and

Conditions, overdeliveries by a Shipper under any

Agreement hereunder at one Receipt Point within a Pooling

Area may be offset by underdeliveries by that Shipper at

another Receipt Point within the same Pooling Area under

any Agreement hereunder. Such netting shall be utilized by

Transporter for determining the action(s) it may take

pursuant to Sections 5.1(a) and (b) of these General Terms

and Conditions.