Panther Interstate Pipeline Energy, L.L.C.

Original Volume No. 1

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Effective Date: 02/01/2004, Docket: CP03-338-001, Status: Effective

Original Sheet No. 31 Original Sheet No. 31 : Effective

 

Shipper/operator is required to take; (3) the time by which

Shipper must be in compliance with the OFO; (4) the anticipated

duration of the OFO; and (5) any other terms that Transporter may

reasonably require to ensure the effectiveness of the OFO. Each

Shipper must designate two persons, for Transporter to contact on

operating matters at any time, on a 24-hour a day, 365-day a year

basis. Such contact persons must have adequate authority and

expertise to deal with such operating matters. If Transporter

cannot contact any Shipper because that Shipper has failed to

designate a contact person or Shipper's contact person is

unavailable, Transporter shall not be responsible for any

consequences that could have been prevented by communication.

Transporter, however, will make reasonable continuing efforts to

notify the affected Shipper. To the extent practicable,

Transporter shall provide an advance warning of a possible OFO by

posting on its Internet web site, and by facsimile or by

telephone.

 

8.4 Shipper Compliance: A Shipper must comply with an OFO within the

time period set forth therein unless the Shipper is able to

demonstrate that such compliance is prevented due to a force

majeure event as defined in Article 15 of these General Terms and

Conditions; provided that the Shipper shall make a good faith

effort to comply with any such OFO, including seeking waivers of

any contractual limits with third parties or modifications of

operating conditions on third party systems. Shipper shall notify

Transporter immediately if it believes that it is excused from

compliance with the OFO for any of the above stated reasons, and

shall provide Transporter with documentation sufficient to support

its basis for non-compliance.

 

8.5 Penalties: If a Shipper fails to comply with an OFO, it shall be

subject to: (1) a penalty of $10.00 per dth for any volume of gas

by which it deviated from the requirements of the OFO; and (2) an

Unauthorized Overrun Charge of $25.00 per Dth for quantities

tendered or taken by Shipper in excess of its MDQ. A Shipper shall

not incur any charges or penalties if such charges or penalties

would not have been incurred but for Shipper's compliance with an

OFO. A Shipper shall not incur any penalties if the OFO was

necessitated exclusively by Transporter's negligence or willful

misconduct.

 

8.6 Liability of Transporter: Transporter shall not be liable for any

costs incurred by any Shipper in complying with an OFO.

Transporter shall not be responsible for any damages that result

from any interruption in Shipper's service that is a result of a