Gulf South Pipeline Company L P
Sixth Revised Volume No. 1
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Effective Date: 12/01/2003, Docket: RP00-340-005, Status: Effective
First Revised Sheet No. 1707 First Revised Sheet No. 1707 : Superseded
Superseding: Original Sheet No. 1707
GENERAL TERMS AND CONDITIONS
Section 10
(Continued)
(c) During an OFO, if upon request by Gulf South for information
that is in the sole custody of the Operator, including but
not limited to the shippers with flowing gas, shippers
failing to produce scheduled quantities, or other such
information necessary to manage the point and the Operator
fails to provide Gulf South with such timely and accurate
information and further, as a result of the lack of
information or inaccurate information Gulf South either
posts incorrect information or takes action in reliance upon
such inaccurate information, then the Operator and not the
affected Customer shall be responsible for any penalties
imposed pursuant to Section 19.1 of these General Terms and
Conditions.
(d) Any Customer failing to comply with an OFO shall be subject
to the OFO penalties described in Section 19.1 of these
General Terms and Conditions, in addition to any other
applicable penalties or damages prescribed in these General
Terms and Conditions, except (1) when Customer is prevented
from complying with the terms of an OFO by Force Majeure,
and Customer's non-compliance with an OFO due to Force
Majeure is not due to its misconduct, and (2) when Customer
has proven it took actions consistent with the information
provided pursuant to Section 10.3(b)(ii) and such
information is later determined to be incorrect. The
Customer shall also be responsible for any and all damages
resulting from its failure to follow the OFO and Customer
shall hold harmless and indemnify Gulf South from all
damages resulting from Customer's failure to comply with an
OFO, provided, however, the OFO was not issued as a result
of Gulf South's negligence or willful misconduct.
(i) For a Customer utilizing a delivery point(s) without
EFM to qualify for the tolerances established in
Section 19.1(a) it must provide Gulf South with
written evidence that the applicable Operators or
their designee (both receipt and delivery) have been
contacted and requested to take actions consistent
with the mandates of the OFO.