Tennessee Gas Pipeline Company

FIFTH REVISED VOLUME NO. 1

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Effective Date: 03/01/1997, Docket: RP95-112-019, Status: Effective

Third Revised Sheet No. 339 Third Revised Sheet No. 339 : Effective

Superseding: Second Revised Sheet No. 339

 

 

GENERAL TERMS AND CONDITIONS (continued)

 

 

(m) Transporter shall accept nominations, schedule service, afford

priority of service and curtail service based on instructions and

communications from the Releasing Shipper and the Replacement Shipper

which are consistent with one another and with the terms and

conditions of Transporter's Tariff and their respective service

agreements. In the event that instructions or nominations from the

Releasing Shipper and Replacement Shipper are, in Transporter's sole

opinion, inconsistent or conflicting, Transporter shall use reasonable

efforts to contact the Releasing Shipper and Replacement Shipper to

resolve the conflicting communications. In the event Transporter is

unable to resolve the conflict prior to the time that it must take the

required action, the Transporter shall comply with the instructions of

the Releasing Shipper, provided that such instructions are not

inconsistent with Transporter's Tariff or the terms of either the

Releasing Shipper's or Replacement Shipper's service agreement, in

Transporter's sole opinion. Except for incidences resulting from the

negligence, fraud or willful misconduct of Transporter, 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. Except for

incidences resulting from the negligence, fraud or willful misconduct

of Transporter, 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. A permanent assignment shall transfer all rights and

obligations of the Releasing Shipper's service agreement, including

extension and right of first refusal privileges.