Transcontinental Gas Pipe Line Company, LLC

Fourth Revised Volume No. 1

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Effective Date: 12/31/2008, Docket: RP09-158-000, Status: Effective

Original Sheet No. 274 Original Sheet No. 274

 

RATE SCHEDULE FT-G

FIRM TRANSPORTATION SERVICE

(Continued)

 

 

9. BUYER'S RESPONSIBILITIES

 

Buyer recognizes that, as between it and Seller, Buyer has sole control over its physical

takes of gas from Seller's system and therefore has a duty to refrain from taking delivery of

volumes in excess of Buyer's TCQ, as adjusted pursuant to Section 11 of the General Terms and

Conditions. Buyer further recognizes that Buyer may cause hardship and economic damage to

other Buyers in the event Buyer takes delivery of volumes in excess of Buyer's TCQ, as

adjusted, for which Buyer may be held accountable either through a direct cause of action by

such other Buyers or as an impleaded or third party defendant in a suit by such other Buyers.

In no event shall the payment of a penalty for an overrun quantity pursuant to Section 18 of

the General Terms and Conditions be considered as giving Buyer the right to take such overrun

quantity nor shall such payment be considered as a substitute for all other rights and

remedies (including but not limited to consequential damages) available to any other Buyer

against Buyer for failure to respect its obligation to stay within its TCQ, as adjusted.

 

10. SELLER'S RESPONSIBILITIES

 

Seller recognizes that it has a duty to use reasonable care and prudent operating procedures

to allow Buyer to schedule for delivery within its TCQ, as adjusted pursuant to Section 11 of

the General Terms and Conditions, the gas quantities available to Buyer up to the amount

verified and confirmed by Seller based on the best operating information available to Seller.

Seller also recognizes that unless forces beyond Seller's control (including, but not limited

to, force majeure, or the failure of Buyer or Buyer's gas supplier to deliver scheduled gas

quantities into Seller's system) cause interference with Seller's ability to redeliver,

Seller has a duty to tender to Buyer for redelivery the gas quantities which Seller has

verified and confirmed as available to Buyer. Seller further recognizes that a breach of its

duties herein may cause hardship and economic damage to Buyer, for which Buyer reserves all

rights and remedies (including but not limited to consequential damages), and for which

Seller may be held accountable. In addition to the foregoing, Seller shall be responsible to

Buyer for penalties in the same manner as an overrun by a Buyer, for service deficiencies

(i.e., the failure to allow Buyer to schedule gas quantities for redelivery or the failure to

tender to Buyer gas quantities for redelivery) caused by Seller allocating to Seller's sales

service or to any other Buyer in a knowing, willful or grossly negligent manner the gas

quantities which Seller has verified and confirmed as available to Buyer.

 

11. PROCEDURES USED TO PROVIDE GENERAL INFORMATION TO BUYERS

 

11.1 Information regarding Seller's maximum and minimum rates for firm transportation

services, general rate discounting advisories, gas scheduling or allocation

procedures, available firm transportation capacity and other general announcements

pertaining to transportation services will be made available to all Buyers by

electronic means on a twenty-four hour basis on 1Line.

 

11.2 Any general firm transportation service announcements will be made available to all

Buyers by electronic means on a twenty-four hour basis through 1Line. Overnight

delivery of this information will be available to Buyers upon written request provided

that such overnight delivery services are prepaid.

 

12. WARRANTY OF TITLE OF GAS

 

Buyer warrants for itself, its successors and assigns, that it will at the time of delivery

to Seller for transportation have good and merchantable title to all gas hereunder free and

clear of all liens, encumbrances and claims whatsoever. Buyer shall indemnify Seller and save

it harmless from all suits, actions, debts, accounts, damages, costs, losses and expenses

arising from or out of adverse claims of any or all persons to said gas, including claims for

any royalties, taxes, license fees or charges applicable to such gas or to the delivery

thereof to Seller for transportation under this Rate Schedule.