Mogas Pipeline LLC (Fomerly Missouri Interstate Gas)
First Revised Volume No. 1
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Effective Date: 06/01/2008, Docket: CP06-407-002, Status: Effective
Original Sheet No. 79 Original Sheet No. 79 : Pending
GENERAL TERMS AND CONDITIONS
(Continued)
21. Capacity Release Program (continued)
(h) Transporter shall bill Replacement Shipper based
upon the rates, charges, and surcharges incorporated in the
Released Transportation Service Agreement. The commodity charges
for the Replacement Shipper will include the maximum commodity
rate under the applicable rate schedule including all
adjustments. If the Replacement Shipper fails to pay all or any
portion of any bill by the due date specified on the bill,
Transporter shall send an invoice to the Releasing Shipper for
all unpaid amounts up to the amount of the Releasing Shipper's
reservation charge, which the Releasing Shipper shall pay to
Transporter with interest on the unpaid amount, which interest
shall be calculated from the date that Transporter credited the
Releasing Shipper for the applicable reservation charges in
accord with (g) above. Releasing Shipper shall submit the
payment within ten days of receipt of Transporter's invoice.
Releasing Shipper shall be responsible for obtaining
reimbursement for any such payment from Replacement Shipper.
Failure of either the Replacement Shipper or Releasing Shipper to
pay bills shall entitle Transporter to exercise the remedies
available under the applicable service agreements and this
Tariff, including suspension of service to the Releasing Shipper
and the Replacement Shipper, as well as any other remedies
available to Transporter.
(i) Except in case of permanent assignment, any
increase in Transporter's rates, charges, and surcharges shall
remain 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 FERC 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
Released Transportation Service Agreement.
(j) Except in case of permanent assignment, the
Replacement Shipper's service under a Released Transportation
Service Agreement shall be subject to and governed by the terms
and conditions of the Releasing Shipper's transportation service
agreement and governing rate schedule and the Released
Transportation Service Agreement.
(k) 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 the Tariff and their respective service
agreements. If instructions or nominations from the Releasing
Shipper and Replacement Shipper, in Transporter's sole opinion,
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 the Tariff, in
Transporter's sole opinion. The Releasing Shipper will indemnify
Transporter against any claim or suit by the
Shipper