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