Mississippi Canyon Gas Pipeline, LLC

First Revised Volume No. 1

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Effective Date: 11/01/2009, Docket: RP10-12-000, Status: Pending

First Revised Sheet No. 113 First Revised Sheet No. 113

Superseding: Original Sheet No.113

 

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 opportunities 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.