Mississippi Canyon Gas Pipeline, LLC

First Revised Volume No. 1

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Effective Date: 12/20/1998, Docket: CP96-159-006, Status: Effective

Original Sheet No.113 Original Sheet No.113 : Effective

 

GENERAL TERMS AND CONDITIONS (cont'd)

 

15.5 Conditions

 

(a) If in Transporter's judgment, impending operating

conditions will cause the operating pressure at

one or more Receipt Points to exceed the

provisions of Section 6.1 herein, or the operating

pressure at one or more Delivery Points to

decrease below the provisions of Section 6.2

herein, Transporter may issue an OFO pursuant to

this subsection requiring that all Shippers adjust

the gas quantities or adjust the nominations at

the Receipt and Delivery Points under all

Transportation Service Agreements to be in balance

(considering Shipper's pro-rata share of lost-and-

unaccounted-for gas) effective the earliest

opportunity that Shippers have in their control to

effect gas quantities at either Receipt Points or

Delivery Points. Transporter shall use all

available opportunties in its control to effect

gas quantities at either Receipt Points or

Delivery Points in support of Shipper's actions

pursuant to the OFO and to mitigate the adverse

effects on Transporter's Facility.

 

(b) Transporter may issue, on a nondiscriminatory

basis, such other reasonable OFOs as may be

required for the purposes set forth in Section

15.1 herein.

 

(c) Compliance with the OFOs and the other terms and

conditions of Transporter's FERC Gas Tariff is

essential to Transporter's ability to provide

deliveries and services under all Rate Schedules.

A failure by one or more Shippers to comply with

an OFO may affect Transporter's ability to provide

such deliveries and services. In such event and

in addition to other provisions hereof and not in

lieu of any other remedies available in law or at

equity, Transporter will, except to the extent

Transporter's inability to provide such deliveries

and services arose from the Transporter's sole,

joint, or concurrent negligence, or gross

negligence, or undue discrimination, or

intentional or willful misconduct, have no

liability or responsibility for its inability to

provide deliveries and services and Shipper(s) to

the extent such Shipper's failure to comply with

Transporter's FERC Gas Tariff and in

particular the provisions of this Section 15

resulted in the inability of Transporter to

provide deliveries and services shall indemnify

and hold Transporter harmless from any claims

brought by a third party against Transporter

arising from such failure except that Shipper(s)

shall not be responsible for any incidental,

consequential, punitive or special damages,

including lost profits resulting therefrom.