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.