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. 288 Original Sheet No. 288

 

RATE SCHEDULE FTN

Firm Transportation Notice 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 or less than the downstream entity's scheduled daily quantities, for

Buyer's account, and in no event 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

or less than Buyer's scheduled daily quantity or 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 suite by such other Buyers. In no

event shall the payment of a scheduling penalty pursuant to Section 5.1(b) of this Rate

Schedule, or 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 any undertake or

overtake quantities as defined in Section 5.1(b)(i) and (ii), or any such overrun quantity,

nor shall such payments 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 scheduled daily quantity or

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.