Viking Gas Transmission Company

Original Volume No. 1

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Effective Date: 11/01/1993, Docket: RS92- 52-001, Status: Effective

Original Sheet No. 56 Original Sheet No. 56 : Superseded

 

 

 

GENERAL TERMS AND CONDITIONS (Continued)

 

154.67 of FERC's regulations. If such failure to pay continues for thirty days after

payment is due and Transporter has provided Shipper and the FERC with at least fifteen

(15) days notice that service will terminate due to the non-payment, Transporter, in

addition to any other remedy it may have under the Transportation Agreement, may

terminate the Transportation Agreement; provided, however, that if Shipper in good faith

shall dispute the amount of any such bill or part thereof and shall pay to Transporter

such amounts as it concedes to be correct and at any time within thirty days after a

demand made by Transporter shall furnish good and sufficient surety bond, guaranteeing

payment to Transporter of the amount ultimately found due upon such bills after a final

determination which may be reached either by agreement or judgment of the courts, as may

be the case, then Transporter shall not be entitled to terminate the Transportation

Agreement until a default is made in the conditions of such bond.

 

3. Adjustment of underpayment, overpayment or error in billing: If it shall be found that

at any time Shipper has been overcharged or undercharged in any form whatsoever under

the provisions of this Tariff or the Transportation Agreement and Shipper shall have

actually paid the bills containing such overcharge or undercharge, then within thirty

days after the final determination thereof, Transporter shall refund the amount of such

overcharge and Shipper shall pay the amount of any such undercharge; provided, however,

that interest calculated in accord with Section 2 of this Article VI shall apply to any

undercharge or overcharge not paid or refunded within thirty days from the date of the

determination of such undercharge or overcharge. In the event an error is discovered in

the amount billed in any statement rendered by Transporter such error shall be adjusted

within thirty days of the determination thereof provided that claim therefor shall have

been made within sixty days from the date of discovery of such error.

 

VII.POSSESSION OF GAS

 

Unless otherwise provided in the Transportation Agreement or applicable Rate Schedule, as

between Transporter and Shipper, Shipper shall be deemed to be in exclusive control and

possession of the gas to be transported (i) prior to receipt by Transporter at the Receipt

Point(s), (ii) after receipt by Transporter, when the gas is in the custody of Shipper or

Shipper's designee for separation, processing or other handling, and (iii) after delivery by

Transporter at the Delivery Point(s); otherwise, Transporter shall be in exclusive control

and possession of the gas. The party which shall be in exclusive control and possession of

the gas shall be responsible for all injury or damage caused thereby to any third party. In

the absence of gross negligence or willful misconduct on the part of Transporter, Shipper

waives any and all claims and demands against Transporter, its officers, employees or agents,

arising out of or in any way connected with (i) the quality, use or condition of the gas

after delivery from Transporter for the account of such Shipper, (ii) any losses or shrinkage

of gas during or resulting from transportation hereunder, and (iii) all other claims and

demands arising out of Transporter's performance of its duties hereunder, and (iii) all other

claims and demands arising out of Transporter's performance of its duties hereunder.