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