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First Revised Sheet No. 1707 First Revised Sheet No. 1707 : Superseded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.