Ozark Gas Transmission, L. L. C.
First Revised Volume No. 1
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Effective Date: 11/16/2009, Docket: RP09-1040-000, Status: Effective
First Revised Sheet No. 153 First Revised Sheet No. 153
Superseding: Original Sheet No. 153
GENERAL TERMS AND CONDITIONS (continued)
16.8 If a Shipper/point operator fails to comply with an Action Alert
or OFO, the Shipper/point operator shall be subject to a penalty
as follows: Action Alert penalty for each Dekatherm of Natural Gas
by which Shipper/point operator deviated from the requirements of
the Action Alert equal to the product of 200% times the "Index
Price," as defined in Section 23 of these General Terms and
Conditions, for each Day that said Action Alert is in effect. OFO
penalty for each Dekatherm of Natural Gas by which Shipper/point
operator deviated from the requirements of the OFO equal to the
product of 500% times the Index Price for each Day that said OFO
is in effect. Any penalty revenues received by Transporter as a
result of the operation of this Section 16.8, net of Transporter's
actual costs, shall be credited pursuant to Section 35 of these
General Terms and Conditions.
16.9 Transporter shall not be liable for any costs or damages incurred
by any Shipper/point operator in complying with an OFO.
Transporter shall not be liable for any costs or damages that
result from any interruption in Shipper's/point operator's service
that is a result of a Shipper's/point operator's failure to comply
promptly and fully with an OFO. Shipper/point operator shall
indemnify Transporter against any claims of liability, provided,
however, that Transporter shall use reasonable efforts to minimize
any such costs or damages.
17. CONSTRUCTION OF FACILITIES AND GOVERNMENTAL APPROVALS
17.1 Transporter shall not be required to own, construct and install
any additional or new facilities to perform any service requested
by a Shipper under this Tariff. In the event Transporter agrees
to own, construct and install facilities to perform services
requested, including, but not limited to, hot tap, side valve,
measurement, Natural Gas supply lateral lines, looping and/or
compression facilities, Transporter shall do so on a not unduly
discriminatory basis. Shipper shall reimburse Transporter (a) for
the costs of such facilities installed by Transporter to receive,
measure, transport or deliver Natural Gas for Shipper's account
and (b) for any and all filings and approval fees required in
connection with such construction that Transporter is obligated to
pay to the Commission or any other governmental authority having
jurisdiction. All facilities installed by Transporter under this
Section 17 shall be owned and operated by Transporter.