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. 47 Original Sheet No. 47 : Effective

 

the responsibility of the Releasing Shipper; provided,

however, that the Releasing Shipper may provide in its

release request for the rates, charges or surcharges for

released service rights to increase in accordance with such

increase in Transporter's rates, charges, and surcharges.

Any refunds of any rates or charges ordered by the

Commission shall be paid by Transporter to the Releasing

Shipper and/or the Replacement Shipper in the manner

specified in the release request and incorporated in the

transportation service agreement between Transporter and the

Replacement Shipper.

 

(i) Except in case of permanent assignment, Transporter shall

accept nominations, schedule transportation, afford priority

of service, and curtail service based on instructions and

communications from the Releasing Shipper and the

Replacement Shipper that are consistent with one another and

with the terms and conditions of this Tariff and their

respective transportation service agreements. If

instructions or nominations from the Releasing Shipper and

Replacement Shipper are inconsistent or conflicting, and if

Transporter is unable to resolve the conflict prior to the

time that it must take the required action, Transporter

shall comply with the instructions of the Releasing Shipper;

provided, however, that such instructions must not be

inconsistent with this Tariff. The Releasing Shipper will

indemnify Transporter against any claim or suit by the

Replacement Shipper, its successors or assigns, arising from

any action taken by Transporter in reliance upon the

Releasing Shipper's nominations and instructions and will

hold Transporter harmless for any action taken by

Transporter in reliance upon the nominations and scheduling

instructions of the Replacement Shipper. The Replacement

Shipper will indemnify Transporter against any claim or suit

by the Releasing Shipper, its successors or assigns, arising

from any action taken by Transporter in reliance upon the

nominations and scheduling instructions of the Replacement

Shipper and will hold Transporter harmless for any actions

taken by Transporter in reliance upon the instructions of

the Releasing Shipper.

 

(j) Except in case of permanent assignment, Replacement Shippers

may not change primary points or otherwise alter the

underlying transportation service agreement without the

consent of the Releasing Shipper. Replacement Shippers may

use secondary points.