Ozark Gas Transmission, L. L. C.

Original Volume No. 1

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Effective Date: 06/01/2000, Docket: RP00-257-000, Status: Suspended

First Revised Sheet No. 80 First Revised Sheet No. 80 : Suspended

Superseding: Substitute Original Sheet No. 80

 

GENERAL TERMS AND CONDITIONS (continued)

 

whatsoever under the provisions hereof and Shipper shall

have actually paid the invoices containing such

overcharge or undercharge, then within thirty (30) Days

after the final determination thereof, Transporter shall

refund the amount of any such overcharge, or shall

invoice Shipper for the amount of the undercharge so

determined. Either party shall be entitled to seek an

adjustment to a Transporter's invoice allegedly

containing an overcharge or undercharge at any time

during a period extending six (6) Months from the date of

such invoice, and the other party shall have an

additional period of up to three (3) Months to rebut the

proposed invoice adjustment, provided, however, that such

time limits shall not apply to precluded adjustments

arising out of government-required rate changes, and will

not apply in case of deliberate omission or

misrepresentation, or mutual mistake of fact, and

parties' other statutory or contractual rights will not

be otherwise diminished by this provision.

 

6.8 Transporter's fuel reimbursement percentages will be

calculated on the basis of actual Fuel Usage and

Applicable Shrinkage divided by applicable throughput

volumes. Electric power used as fuel for electric driven

compressors will be converted to equivalent volumes of

gas for purposes of calculating such fuel reimbursement

percentages.

 

7. RESPONSIBILITY FOR NATURAL GAS

 

For transportation provided by Transporter under any Rate

Schedule, Shipper shall be deemed to be in exclusive control

and possession of the Natural Gas until such Natural Gas has

been delivered to Transporter at the Point(s) of Receipt and

after such Natural Gas has been delivered to or for the

account of Shipper at the Point(s) of Delivery. Transporter

shall be deemed to be in exclusive control and possession of

such Natural Gas between the Point(s) of Receipt and the

Point(s) of Delivery set forth in the Service Agreement. The

party which is deemed to be in exclusive control and

possession of such Natural Gas shall be responsible for all

injury or damage caused thereby and shall be responsible for

any loss of Natural Gas while in its possession, other than

applicable use, compressor fuel, loss or