Ozark Gas Transmission, L. L. C.
Original Volume No. 1
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Effective Date: 11/01/2000, Docket: RP00-257-005, Status: Effective
Second Revised Sheet No. 80 Second Revised Sheet No. 80 : Effective
Superseding: First Revised 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
divided by actual 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. Transporter will prepare a report of
actual fuel usage for each twelve month period
ending December 31 and file such report with the
Federal Energy Regulatory Commission not later
than the following April 1.
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